Can You Sell Inherited Land During Probate?

Can You Sell Inherited Land During Probate?

sell inherited land
Do You Need to Sell Inherited Land?

Many heirs find themselves looking for information about how to sell inherited land during probate. This is either because they have inherited land through a will or have been named as executor.

This is a situation that raises the need to find answers to several important questions. One of those important questions is “can you sell inherited land before probate is granted?”

Can You Sell Inherited Land Before Probate?

Individuals who ended up with inherited land often can’t or don’t want to keep it.
It could be their parent’s property where both parents are now deceased. One option is to put the property on the market but the question is, “can you sell inherited land during probate?”

If a will exists chances are a family member who is close to the deceased is aware of this important document.
It may be that a particular person is named as the executor in the will. The executor has the duty and obligation to see that the last wishes as outlined in the will are fully carried out. If property is involved in the estate, such as vacant land or a house, this most likely will have to go through a probate process.

Individuals who have inherited vacant land may not realize that it has to go through a probate process just like a house does. They may attempt to put the property on the market for sale. If they use a Realtor to attend to this, an experienced agent will know that the real estate must go through the “selling real estate before probateprocess. This is in order for a sale to be legal.

The probate laws are in place to ensure that the wishes of the will are carried out as intended. This is the main reason why selling real estate before probate is not allowed in many states.

Luckily, in Florida, there are some controlled exceptions to this. There is an alternative to go through the standard probate procedure.

This is using a process called “Muniment of Title“. This is applicable when a will was left but there were no debts secured by real property. This alternative process is done by validating the will in a local county court.

Once this court has approved the validation, property titles can be transferred to the beneficiaries.

There is also an alternative called Affidavit of Heirship. This can be utilized if the property in the estate only amounted to real property, i.e., vacant land, a house or houses.

With this process the property titles are transferred to the heirs. It involves two individuals who have nothing to gain from the estate sign the affidavit. Once this is done this document must then be filed with the deed record department in the local county where the property is located.

Can You Sell Inherited Land Going Through Probate?

The next question that often is raised is can you sell inherited land that is already going through probate?

It may have been discovered that selling real estate before probate is not allowed in many states. It is important to really know the laws of the state in which the house resides.

In Florida, the answer to the question of whether you can sell real estate while going through probate is yes.

There are specific steps that must be taken in order for the sale to be legitimate.

Getting a Property Appraisal

The property has to be appraised by an independent certified appraiser. Often an experienced realtor in probate sales will be able to recommend one.

Getting The Petition

For the probate petition it requires some information to be filled in. This applies to both selling real estate before probate and selling it during probate. This includes all the details that pertain to the proposed sale. You may also have to outline the method in which the real estate will be sold.

Once completed properly and submitted to the courts you then have to wait for court approval. A sale before this petition will not be considered valid.

Sell Inherited Land
Do you know what the inherited land looks like? Have you ever heard of swampland in Florida?

This answers the question can you sell vacant land before probate is granted. It also shows that when it comes to Florida like the other states there are specific rules that must be followed.

Putting The Land On The Market

Potential buyers must be told that a sale can only be finalized after court confirmation.

Buyers will have to obtain confirmation of the sale from the court handling the probate case.

The public must be informed about the sale that has taken place during the probate period. This is done by running an ad about this in the local newspaper.

Can An Executor Sell Inherited Land Before Probate?

Individuals who become an executor may find different types of property that needs to be dealt with. They first have to understand what their role as executor is.

Being an executor doesn’t mean this individual inherits any of the property.   Sometimes an executor is named by the deceased. At other times may be appointed by the courts.

In most cases probate is needed. If so then the executor or executrix must attend to this either doing it himself or retaining a lawyer to do it. One of the questions raised by an individual with this responsibility is, “can an executor sell inherited vacant land before probate?”

It may be that the inheritors of the will want the sale of the vacant land done quickly so they can receive their share of the sale that was allotted to them through the wishes of the will.

Throughout most states the probate rules and regulations are pretty much the same. There are some differences that do exist in some of the states about selling inherited land before probate.

In Florida, the will can direct the executor to go after independent administration. This makes the process much easier. It gives more freedom to the executor outside of the control of the court.  If this is granted the executor does not have to ask permission from the court to sell the vacant land.

Sell Your Land to a Florida Cash Land Buying Company

  • Another option is to sell inherited land to a cash land buying company.
  • You won’t have to worry about anything.
  • You can sell the vacant land quickly
  • You can save thousands on agent commission costs and you can receive a no-obligation cash offer in just 24 hours.

The Lot Guy gives you a cash offer within one day and you can close whenever works best for you.
You can SELL Your Inherited Land in a week!

If you need to sell your Inherited Land quickly and for a “Fair & Reasonable” No-Obligation Cash Offer call us now at 321-427-4100.

Whether you decide to sell your inherited land to us or not, we are more than happy to  answer any questions you might have about the process.

Get a Cash Offer Within 24 Hours

Our customers comment all the time about our soft approach. You won’t get a hard sell with us. If you are not completely satisfied with the offer we make to buy your Inherited Land, you don’t have to accept it.
No charge. No fees. No Obligation.

We’d love to talk to you today about your inherited Florida Land and your situation. We’re here to help even if you decide not to sell your land.

Give us a call at 321-427-4100 or fill out the form below to get started. We look forward to talking with you.

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