Probate FAQ
Answers to the most common questions about probate real estate.
Frequently Asked Questions
How long does the probate process typically take?
The probate process generally takes 6 to 18 months, depending on the complexity of the estate, state laws, and whether any disputes arise among beneficiaries.
Can I sell an inherited property before probate is complete?
In most states, the executor can list and sell property during probate with court approval. The sale proceeds become part of the estate for distribution.
Do all heirs need to agree to sell the property?
The executor has the authority to sell estate property as part of their fiduciary duty, but communication with all heirs is strongly recommended to avoid disputes.
What taxes apply to inherited property sales?
Inherited property receives a “stepped-up” tax basis equal to the fair market value at the date of death, which can significantly reduce capital gains tax obligations.
Should I make repairs before selling a probate property?
Strategic repairs that offer a strong return on investment are usually worthwhile. Our team can help you identify which improvements will increase the sale price most.