Can I sell my parents' house if they pass without a will?

Losing a parent is an especially painful experience, and navigating the legal and financial aspects that follow can add additional stress to a family already suffering from the loss. If your parent passed away without a will, you may be overwhelmed about the process involved in selling their house.

While the situation can be complex, having an Attorney/Realtor list, market and sell your parent’s home will give you the protection you need. The first step involves understanding the legal implications. When someone dies without a will, their estate will need to go through Probate (a court process to identify the assets and the heirs). This process ends in the distribution of deceased person's assets according to state laws.

Steps to Take When Selling a House Without a Will

1. Determine the Legal Heirs:

In the absence of a will, the court will determine who inherits the deceased individual's assets based on intestate succession laws. Common heirs include the spouse, children, parents, and siblings.

2. Appoint an Administrator:

The court will appoint an administrator, also known as an executor, to manage the deceased person's estate. This individual will be responsible for handling the sale of the house.

3. Obtain Letters of Administration:

The administrator will need to obtain letters of administration from the court, granting them the authority to act on behalf of the estate. This document is typically required by real estate agents and potential buyers during the sales process.

4. Address Liens and Debts:

Before selling the house, the administrator must settle any outstanding debts or liens against the property. This may involve paying off the mortgage, property taxes, or other obligations.

5. List the Property for Sale:

Once the legal and financial matters are addressed, the administrator can list the house for sale with an Attorney/Realtor.

6. Proceed with the Sale:

Once a buyer is found, the sale proceeds much like a standard real estate transaction. The administrator will sign the necessary paperwork on behalf of the estate, and the sale proceeds will be distributed according to intestate succession laws.

Navigating the sale of a parent's house without a will can be extremely complex and time consuming, especially if there are multiple heirs or other complicating factors involved. At Lawyers Realty Group, we provide guidance throughout the process of selling the home to ensure that all legal requirements are met and that the proceeds to the estate are maximized to the fullest. Call (949) 264-0966 to speak with an Attorney/Realtor free of charge. We will help you outline a course of action to help make the process of selling a home easier during a very difficult time.

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Can I Sell My Parents' House if They Pass Without a Will?

Steps to Take When Selling a House Without a Will

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