Probate; the word alone elicits chills up your spine. If you are one of the lucky individuals whose been left a home by a decedent, or if you have a home which is set in a living trust for you, there are ways which you can get around probate courts and the process in general. So, if you’ve only dealt with real estate agents and brokers who’ve told you that going through the probate court is the only way in which you can inherit, and in turn sell your San Antonio house fast, and run! These agents are either ill-informed, or they are trying to take you through a lengthy process in order to charge you more on the back end for the services they are going to provide. So, how do you get around the probate court and process? What are the steps which can be taken to help you avoid this tedious, and often costly process?
Let’s take a look at what the sale of a home, without having to run the mill through the probate process, is going to look like.
We need to know what probate is. In layman’s terms, it is basically a process which property (a home) has to go through, once the decedent who has deeded you a home passes away. It is the manner in which the property that is in their name, will be transferred to your name. Probate is used to transfer property from the original owner, to an heir, or through a living-will. But, the probate process is long, it is tedious, and it is very costly if you do not know what you are doing throughout.
What can we do to avoid it? –
So, you want to avoid the probate process all together? You have spoken to a few attorneys as well as to real estate agents and brokers, who tell you it is not possible. Either they want to milk you for all you are worth, and run you through the ringer so they can make more money, or they simply are ill-informed. So, why would you want to hire them either way? What can be done to avoid the probate process and to ensure you get the highest value for the property which you have inherited?
1. Jointly held real estate is a form in which you can avoid the probate process if you want to sell a home which you have or will inherit upon death of the owner.
As an executor, or the co-owner of a piece of property, you have the right to do as you see fit with it. And yes, this does include selling the house. Of course, there may be restrictions in place, or other language in the deed of the home which restricts certain sales, however you should be familiar with such terms as a joint-owner of that property.
2. One such option to avoid probate is the Trust.
A trust is basically a legal document, which entrusts you (the heir), with the property being left by the decedent (the original owner/individual who is leaving you the property). In a living trust you are named as a trustee to the property, and with approval, or with written permissions in that trust instrument which has been executed, you are going to have the right to sell it.
An affidavit of heirship basically indicates you are the sole heir of the property. It is a signed document by the individual who is leaving you the property, and it dictates what can be done with the property by you, the heir/owner. By simply filing the affidavit, you have the right to do as you please with the property. And yes, this does include selling your home quickly, for a cash value, and not having to go through the court probate process in order to do so.
4. Judicial Determination is an option.
Just as it sounds, judicial determination is basically a judge/administrative legal authority, stating you are the sole owner of the property. They are making a determination that you own that property, that you are the heir apparent to the property, and that you have the right to do as you deem fit with that property.
This typically occurs in cases where the deceased hasn’t written a will. In such cases, a court will go through a legal process, and will determine the decedent’s “wishes” or what their wishes would be, if they were to have written up a will. If it is determined by that legal judge/justice that you are the heir apparent of the property, then you are going to have the right to sell it. And, you can do so without having to go through the lengthy process of probate court.
Probate is no fun. The court system is one which will make you go through many obstacles and hurdles. There is always the possibility that another family member tries to jump in and contest a will or trust. And, of course there is the waiting game and the financial burden which comes along with it. So, if it is at all possible, you can sell your home when you are the heir (or an heir apparent). There are steps you can take in an effort to forego the probate proceedings and financial costs attached to these proceedings.
If nothing else, we can buy your property. Not only will we make a cash-value, for the market value of your home, we will deal with the probate issues if they ever do come up in the future. We will make a cash-offer you can’t resist, and we pay you right away for your home. So, you don’t have to go through other agents, nor do you have to deal with the state, the court-system, or tedious legal battles you are all too familiar with (or have heard of). If you want a quick cash sale, look no further than our team to purchase your home in TX, and avoid the probate process all together when you’ve been deeded a property which was left behind by a family member to you.