Probate, explained without the legalese.

Probate is the court-supervised process of moving assets out of the deceased's name and into the heirs' (or buyer's) name. Whether you need to open probate depends on three things: how title was held, whether there's a will, and which state the property sits in. Many estates with small balances qualify for a faster small-estate affidavit process. Property held in a living trust or with a transfer-on-death deed often skips probate entirely.

If probate is open, you can still sell the house in most states. The court typically needs to approve the sale, but the personal representative (or executor) can sign on behalf of the estate once they have letters testamentary or letters of administration. We've closed dozens of mid-probate sales — see selling during probate for the full walkthrough.

Nothing on this site is legal advice. Always confirm with a licensed attorney in the state where the property is located.