One of the most common questions we receive from loved ones trying to sell a house quickly during the probate process is this: Can you empty out the contents of a home before probate is finished?
The short answer to this question is No, you can’t empty a house in Houston before probate. If you’re facing this situation it might be helpful to better understand the probate process itself as you navigate this challenging time.
What is the probate process in Houston?
The probate process begins with proving that the deceased left behind a will.
If your family member passes away and leaves a will behind, state law requires the probate process to be carried out before anything gets sold or even moved.
If the descendent left a will, then they most likely chose someone to be the executor. In the case where an executor is not listed, one will be appointed by the courts.
This person is given full legal authority over the real estate property and everything else listed on the will.
It’s important to choose an unbiased and trustworthy executor of the loved one’s belongings. It is up to the executor to decide what to keep and throw away and what gets donated.
When things get too difficult amongst family members, it could result in hashing it out in probate court, costing everyone more money for a probate lawyer.
A person can collect a lot of stuff in a lifetime. When anybody dies and passes down all of their personal belongings in their will, along with the real estate property, nothing can be touched until the probate process is complete.
The executor is responsible for more than just physical belongings. They play a vital role in dividing everything that was left behind. All of the probate planning is in their hands.
Tax paperwork, overdue payments, and even the deceased person’s debt are all assets included in the probate process.
Can You Empty A House Before Probate?
PPS House Buyers is experienced with the probate process and wants to help you disperse the assets of your parent or loved one without any unnecessary stress.
The probate process is a system put into place to protect the deceased person’s assets.
Can you empty the house before probate? No. Nothing is to be touched inside the house until the instructions on the will are executed precisely.
No probate asset is too small to be left out, so everything on the property must be left intact until the entire probate process is carried out. We know this can impact how long it takes to sell a house in Houston, but it’s the law.
The property can be cleared and cleaned only after every single detail on the will is accounted for and each item allocated.
If your loved one passes away and leaves their home, you can not empty the house before the probate process is complete.
PPS House Buyers is experienced with probate properties and can help you with your probate situation. For a free consultation with no obligations, call PPS House Buyers today and find out what it will take to get your executor in place.
What Happens To The Contents Of The Home?
With an executor in place, all items on the will are to be dispersed to the necessary individuals listed as the new rightful owners. Most of the deceased person’s belongings will be shared amongst the remaining living descendants.
If an item isn’t listed on the will, the executor is responsible for peacefully transferring everything to the family as they best see fit.
Sometimes a person can be left with more items to handle than they know what to do with. At this point, the executor can choose to have an estate sale.
What Is An Estate Sale?
An estate sale helps to deplete a person’s personal belongings in a way that can make extra money, rather than throwing good items away.
When a person passes away, they may not have much of a family.
Sometimes the style and interests of the deceased don’t match that of any living family members.
Whatever the reason, an estate sale is a perfect way to get any unwanted items to people that need them. In turn, the money made in the estate sale can be much easier to organize and handle than the physical items.
If the house itself is to be sold, it’s a good idea to request a tax I.D. number after the probate process is complete and open a bank account specifically under the estate. When the title company closes on the sale, all the funds will be transferred into that account.
How Do You Go About Cleaning/Clearing The House? (Once The Probate Is Complete)
When the probate process is complete, you might ask, “How do you go about cleaning and clearing the house?”
PPS House Buyers doesn’t want you to lose out on any money available to you or your family. Whether in cash, property, or important documents, your deceased family member’s items deserve to be handled with the utmost respect.
Questions about probate planning? Call today for a free estimate, with no future obligations, if you live in Houston, Texas, or the surrounding Metro area.
What Are Some Important Steps An Executor Should Take?
With a responsible party established, it is a good idea to change all the existing locks on all necessary doors.
Another crucial step is to forward all incoming mail to an entrusted recipient, usually the executor. At this point, you can take a thorough tour of the property and gather important documents and high-priced items.
After creating a plan of action, you can start clearing rooms and sorting everything. Only now can the executor decide what gets donated or sold and can even choose to throw away anything not listed on the will.
PPS House Buyers understand that not all homes are “show ready” and purchase many homes that aren’t. That means you can sell us a house with deferred maintenance without having to fix it up. We buy directly and pay with cash, so you can avoid the whole process of finding buyers.
We can close in a matter of days saving you weeks, and even months, of meaningless, wasted time.
Without having to go through inspections, appraisals, and financing, PPS House Buyers can make a fair cash offer without feeling pressured.
We can help with the entire probate process and policy issues and fix any title discrepancies on the original documentation.
If you have any questions about the legal process of a probate case or what legal services your state law provides, call PPS House Buyers today. While we are not probate attorneys, we are always happy to help you sort out your situation and connect you with the right legal professionals.
If you have any questions regarding the probate process in Houston, Texas, or the surrounding area, PPS House Buyers can help.
We know the traditional way of selling your home isn’t always an option. Sometimes things happen in our lives that create unexpected hardships.
When a loved one passes away, the last thing anyone needs is the deceased person’s property and real estate to become a financial burden on the remaining family members.
PPS House Buyers allows you to skip the painstaking procedures of selling an inherited house the old-fashioned way.
From getting the house show ready to hiring an expensive real estate agent, we can take all the headaches out of managing your loved one’s estate and property sales.
If you need to sell your home or an inherited house from a deceased loved one or family member, and you live in Houston, Texas, or the surrounding area, call PPS House Buyers today for a free, no-obligation consultation.