Professional Home Buyers in Wichita helps people who have inherited property and answers the question, “Can you sell a house in probate?” We buy houses in any condition, even when the legal probate process is underway.
Selling a home during probate is legal in Kansas. However, the work requires following specific court procedures, obtaining the right approvals, and understanding the responsibilities of the personal representative of the estate.
Who Can Sell a House in Probate and Why Court Approval Matters
When someone passes away owning real estate in Kansas, the property becomes part of their estate assets. That means the house legally belongs to the estate, not the heirs, until the probate court approves the distribution of the assets or their proceeds to the legal heirs.
Creditors of the estate also have the right to ask the court to recognize their claims against the property of the estate as well.
To manage the estate, the court’s initial grant of probate appoints a personal representative. That will be either an administrator or executor with the authority to act on behalf of the estate, including the sale of any property. If you’re not the court-appointed representative, you generally can’t legally sell the home during probate, even if you’re a legal heir.
How the Court Approves the Sale of a House During Probate
Selling a home during probate typically requires approval from the probate court. The court ensures the sale serves the estate’s best interest, meets legal standards, and protects the rights of all parties involved.
To request court approval, the personal representative must file a petition that includes a property valuation, the proposed sales contract, and a justification for the sale. The personal representative must notify all interested parties, and the court may schedule a hearing. During this time, the personal representative can request beneficiary consent, or beneficiaries can object if they believe the sale is unfair or unnecessary.
Without court approval, any attempted sale is likely invalid and could create legal complications. That’s why it’s critical to follow the proper procedures and work with a qualified buyer who understands probate timelines and expectations.
The Value of a Contract With a Reputable Cash Buyer
When the court considers whether to approve a proposed contract for selling a house during probate, the buyer’s interests matter. Your chances of obtaining approval are greater when the judge can see that the buyer is ready to move forward and is not subject to financing decisions by a bank.
Contact Professional Home Buyers in Wichita for a Fast, Fair Cash Offer
Our team has a strong track record of helping all types of property owners reduce the stress of selling a house. Our supportive and simple process works well when a seller is dealing with inherited property.
So, can you sell a house in probate? As we’ve shown, you can, as long as you follow the legal procedures correctly. We’re here to help the process by submitting a prompt and fair cash offer for the court to consider.
Call Professional Home Buyers at (316) 202-1628 or contact us online to get started immediately on your free, no-obligation cash offer.