Inheriting a house can bring about a mix of emotions, from nostalgia to stress over what to do next. If you find yourself in this situation, especially in Maryland, you may be wondering: Can you sell an inherited house before probate is finalized?
Understanding the Probate Process in Maryland
When a loved one passes away and leaves behind a will, the probate process ensures that their final wishes are honored and that their assets, including real estate, are distributed appropriately. However, selling an inherited property can be complicated, and understanding Maryland’s probate laws is essential.
When a loved one passes away and leaves behind a will, the probate process ensures that their final wishes are honored and that their assets, including real estate, are distributed appropriately. However, selling an inherited property can be complicated, and understanding Maryland’s probate laws is essential.
Selling an Inherited House Before Probate: Is It Possible?
In Maryland, the general rule is that you cannot sell an inherited house before probate is completed. The probate process validates the will and ensures that the estate is administered according to the deceased’s wishes. However, there are specific circumstances where exceptions may apply:
- Muniment of Title: If there are no debts secured by the real property, you may be able to use this process. It involves validating the will in a local court, allowing for the transfer of property titles directly to the beneficiaries without going through the full probate process.
- Affidavit of Heirship: This process can be used if the estate consists solely of real property. It involves two disinterested individuals signing an affidavit to transfer property titles to the heirs. The affidavit must be filed with the local deed record department.
Can You Sell an Inherited House During Probate?
If the house is already in probate, you can sell it, but there are specific steps to follow:
- Obtain a Property Appraisal: An independent certified appraiser must evaluate the property to establish its value.
- File a Petition for Sale: You will need to file a petition with the probate court detailing the sale and providing information about the property. Court approval is required for the sale to be legitimate.
- Market the Property: When listing the property, potential buyers must be informed that the sale requires court confirmation.
- Court Confirmation of Sale: After receiving an acceptable offer, you must obtain court approval to finalize the sale.
- Advertise the Sale: To ensure transparency, an advertisement regarding the sale must be placed in a local newspaper.
What About Executors?
If you are named as the executor in the will, you have specific responsibilities. Your role is to ensure that the deceased’s wishes are fulfilled, which may involve selling the inherited house.
In Maryland, the will may allow for independent administration, which gives you the authority to sell the property without needing to seek court permission for every transaction. This can expedite the process and provide more flexibility.
Selling to a Cash Home Buying Company
If you need to sell the inherited house quickly, consider working with a cash home buying company. These companies can provide you with a no-obligation cash offer within 24 hours, allowing you to close the sale in as little as a week. This option eliminates the hassle of repairs and agent commissions, making it a convenient choice for many.
Get Help When You Need It
If you find yourself needing to sell an inherited house in Maryland, whether before or during probate, it’s crucial to seek professional advice. Consulting with an attorney experienced in estate law can help you navigate the complexities of the process.
For a hassle-free cash offer, contact ASTUTE REALTY, LLC at (240) 415-8290. We’re here to provide answers to your questions and assist you in selling your inherited house, no matter your decision.
