If you’ve recently inherited a home, been named the executor of a will, or you’re just thinking ahead about your family’s future, you may have already run into a word that makes a lot of people uneasy: probate.
It’s not the easiest topic to talk about, but understanding how probate works, especially when real estate is involved, can save you time, money, and a lot of stress down the line. As a top producing Arizona real estate agent, I’ve helped many families through this process, and I’m here to walk you through what it looks like.
What Is Probate, Anyway?
Probate is the legal process that happens after someone passes away. It’s how the courts:
- Confirm whether a will is valid
- Identify and inventory the person’s property
- Pay off debts and any taxes owed
- Distribute what’s left to the rightful heirs
If there’s a will, probate makes sure those wishes are honored. If there isn’t one, the court decides who inherits what.
And here’s the key point: if there’s real estate involved, that property typically can’t be sold until probate is complete or until certain legal steps are taken.
When Is Probate Required in Arizona?
In Arizona (and in many other states), probate is usually required if:
- The estate has more than $75,000 in personal property, or
- More than $100,000 in real property
There are some exceptions, though. Assets held in a living trust or property owned with right of survivorship between spouses may bypass probate. This is why good estate planning matters so much.
Selling a Home in Probate
If you’re a family member trying to sell a home that’s in probate, here’s what you’ll typically need:
- A certified copy (or multiple copies) of the death certificate
- Letters of appointment from the probate court
- Court approval to list or sell the property (in some cases)
Once a personal representative or executor has been appointed, the home can usually be listed. From there, the process may look different depending on your situation:
- Homes can often be sold as-is, with no repairs required.
- If repairs or updates are needed, I work with companies that can handle the work and get paid at closing, so you don’t have to come up with funds upfront.
With the right guidance, the sale can move forward smoothly, even during probate.
Why the Right Team Matters
Probate sales aren’t like standard real estate transactions. You’ll want an agent who not only knows the housing market but also knows how to work alongside attorneys, title companies, and the court system.
That’s where I come in. Over the past few years, I’ve guided families through these situations, helping them understand their options, connecting them with great probate attorneys, and getting the home sold with as little stress as possible.
Final Thoughts
Losing a loved one is hard enough. Handling their estate doesn’t need to add unnecessary stress. With the right plan, and the right people on your side, you can simplify the process, protect your family’s legacy, and move forward with confidence.
If you’re dealing with probate, an estate, or even a family trust, I’m here to help. Reach out anytime with your questions. Let’s make the process as smooth and stress free as possible for you and your loved ones.
I’d love to help you find your perfect home. Contact me today