Losing a loved one can be tolling physically, emotionally, and financially. There are plenty of things to prepare, including setting up funeral arrangements, dividing up personal belongings, and handling the estate.
One big decision you’ll have to make is what to do with your loved one’s house. You may want to empty and sell it, but is that possible? Can you clear a house before probate?
Before diving into the process, you need to understand probate and why you must wait for its completion before doing anything with your loved one’s property. And, if you need to sell property fast, be sure to request a cash offer from Andrew The Home Buyer.
What Is a Probate?
Probate is the legal process of administering the estate of a deceased person, resolving all claims, and distributing the deceased person’s assets to their beneficiaries. You must wait until its completion before listing the home or selling the property fast to cash homebuyers like Andrew the Home Buyer.
The probate process can be complicated and time-consuming, so, understandably, you might want to clear out your loved one’s house as soon as possible. However, knowing that you can’t just empty the house before probate is complete is important.
This is because, during probate, the house is considered an estate asset. This means that it can’t be sold or given away until all of the deceased person’s debts have been paid, and their beneficiaries have been determined.
Your loved one’s home is full of valuable items, but you can’t just take whatever you want after they die, even if those things have sentimental value for you and your family. The deceased’s last wishes should be respected, and to do that, you need to follow the probate process.
Why Is Probate Needed When Someone Dies?
As much as you may want to clean up and empty the house of a deceased loved one as soon as possible, you can’t always do this before probate is complete.
This process can take months or even years to complete, depending on the size and complexity of the estate. Completing the process is the only time you can do what you want with the home, like sell it quickly to Andrew the Home Buyer.
The purpose of probate is to make sure that all of the deceased person’s debts are paid and that their assets are distributed according to their wishes (if they left a will). If the deceased person did not leave a will, their assets will be distributed according to state law. This is called intestate succession.
Intestate succession ensures that when a person dies without a will, their property is distributed in accordance with state law. This process begins with the filing of a petition for probate and appointment of an executor or administrator by the court. The representative then notifies creditors of the death, collects and pays debts, and finally distributes the assets to the heirs.
Can You Empty a House Before Probate?
It’s not uncommon for people to want to clear out a house before probate. After all, it can be an emotional and challenging process going through the belongings of a loved one who has passed away.
However, there are some things you need to keep in mind if you’re considering emptying a house before probate. If you try to empty the house before probate is complete, you could delay the process or even jeopardize the estate’s distribution.
So, what can you do if you want to clear out your loved one’s house before probate is complete? The best thing to do is to talk to an experienced probate attorney. They will be able to advise you on the best course of action and help you navigate the probate process. They can also help you understand the terms and conditions that entail selling the property to cash home buyers like Andrew the Home Buyer.
What Happens to the Deceased’s House and Its Contents?
One of the first things you will need to do is to determine whether the deceased had a will. If so, the will usually names an executor responsible for dealing with the estate. If there is no will, the court will appoint an administrator.
The executor or administrator will need to apply for a grant of probate from the court. This is a legal document that gives them the authority to deal with the deceased’s assets.
The executor or administrator must follow the correct legal process. Once they have the grant of probate, they can start to deal with the estate. This includes emptying the house and selling any contents.
It’s best to respect your loved one’s wishes and the state’s authority by waiting for probate completion. Afterward, you have the freedom to work with Andrew the Home Buyer to let go of the property and move on.
Selling the House Without Worries
Once probate is complete and everything is settled, you may be ready to move on and leave the property behind. The best course of action is to sell it to cash home buyers like Andrew the Home Buyer, who can purchase the property as-is. The process is straightforward and less time-consuming than listing the house and waiting for months to find a qualified buyer.
Moreover, some states require home sellers to disclose if someone died in the house. This can turn away buyers and make it harder to sell the property. With cash home buyers, there is no such worry as they are not concerned with these details. If you’re looking to move on from an inherited property and avoid the hassle of probate, selling to a cash homebuyer is the best option.
The Bottom Line
Respect the probate process and the state. Don’t try to empty a house before the process is complete. It’s also a great way to honor your loved one’s wishes and to ensure that their belongings are properly distributed.
The probate timeline is also beneficial for the deceased’s family since it gives them time to grieve and sort through their emotions. Once the process is complete, they can move on with their lives and put the property up for sale if they choose.
You can turn to Andrew the Home Buyer if you want a hassle-free sale. We buy your loved one’s home as-is, whether in Phoenix, Mesa, Pinal, or Maricopa County, Arizona, no matter its condition. The sale can close in as little as seven days, so you don’t have to worry about the house sitting on the market for months. Contact us now to sell your home fast!