Inheriting a home that’s in bad shape after a loved one dies can add more stress to an already emotional situation. Whether the house is outdated, has major structural issues, or simply hasn’t been maintained in years, you might be wondering if you can sell it as-is during the probate process. The good news is that yes, in most cases, selling a house as-is during probate is possible; but, there are a few steps you need to take first.
Selling Property During Probate
Probate is the legal process used to distribute a deceased person’s assets, including real estate. If the home was solely in their name, it usually can’t be sold until the probate court gives someone legal authority to act on behalf of the estate. This person is called the personal representative (also known as the executor).
Once the court appoints a personal representative, that person can take control of the property and begin the steps necessary to sell it. If you’re trying to sell a home during probate and aren’t sure how to proceed, our Troy, MI probate lawyer can guide you through each step of the process.
What “As-Is” Really Means
Selling a home as-is means you’re offering it in its current condition without making repairs. This can appeal to buyers such as investors or flippers who are willing to take on the work. It also allows the estate to avoid spending money on costly renovations.
Still, there are a few things you’ll need to consider. First, you may need court approval before the sale is finalized, depending on how the estate is structured and whether there are any objections from heirs or creditors. Then, you’ll want to be transparent with buyers about the property’s condition. Disclosure laws in Michigan still apply, even if the home is being sold as-is.
What If There Are Multiple Heirs?
If there are multiple heirs, all parties may need to agree to the sale. Disagreements over pricing or timing can delay the process, so it’s a good idea to communicate early and clearly. If the home has significant damage—like a failing roof, mold, or plumbing issues—it might also impact the value and limit the pool of potential buyers. Working with a real estate agent who’s familiar with probate sales can help you find the right market and set realistic expectations.
Can Selling As-Is Help the Estate?
Absolutely. Sometimes, the cost of maintaining a home during probate—paying utilities, property taxes, or insurance—can be a burden. Selling the home as-is can reduce those costs and speed up the process of settling the estate. However, you’ll want to weigh those benefits against any outstanding debts tied to the property, like a mortgage or home equity loan. The proceeds from the sale will typically be used to pay those debts before anything is distributed to heirs.
Why Legal Support Matters
If you’re the personal representative, it’s important to act in the best interest of the estate and follow court procedures correctly. Your probate attorney can help you understand what steps are required to move forward with a sale, especially if the property’s condition raises concerns for the court or other beneficiaries.
At Gudeman & Associates, P.C., we help families manage probate and real estate matters with security and confidence. Contact us today to find out how we can help you move forward.
