Selling a House in Probate in NJ: A Quick Guide for Inherited Properties

by | Apr 23, 2022 | Selling Advice

If you are the executor of an estate that includes a house, you may be wondering how to sell it.

The process of selling a house in probate in NJ can be complicated, but it is not impossible.

In this blog post, we will walk you through the process step-by-step and help you understand what to expect.

Keep in mind that this information is for educational purposes only and should not be taken as legal advice.

If you have any specific questions about the sale of a house in probate in NJ, please consult with an attorney.

What Is Probate?

Probate is the legal process of administering the estate of a deceased person.

When a loved one dies, it can be difficult to know what to do next.

One of the first steps is to appoint an administrator or executor.

This person will be responsible for managing the deceased’s estate and carrying out their final wishes.

The administrator or executor must be someone you trust implicitly, as they will have a great deal of responsibility.

They will need to be organized and efficient, as well as being emotionally strong.

It is also important that they are willing to take on the role, as it can be very time-consuming.

Once you have appointed an administrator or executor, they will need to apply for a grant of probate from the court.

This will give them the legal authority to deal with the deceased’s assets.

Appointing an administrator or executor is an important step in dealing with a loved one’s death.

Choose someone you trust to take on this responsibility and make sure they are aware of the time commitment involved.

How long does the Probate process last?

In New Jersey, the probate process can take anywhere from six months to a year or more, depending on the complexity of the estate.

Can you sell a house during probate in New Jersey?

Yes, you can sell a house during probate in New Jersey.

The process is overseen by the Surrogate’s Court, which is responsible for administering the estates of deceased persons.

In order to sell the property during probate, the executor or administrator of the estate must file a petition with the court asking for permission to sell the property.

If the court approves the sale, they will issue an order known as a “decree authorizing sale.”

This decree will outline the terms of the sale, including any conditions that must be met.

Once the sale is completed, the proceeds will be used to pay off debts and liabilities of the estate, and any remaining funds will be distributed to the heirs or beneficiaries.

What is the probate process in New Jersey?

Step 1: Submit a Death Certificate

The first step in this process is to submit a death certificate. This document can be obtained from the funeral home, crematorium, or mortuary. Once the death certificate has been filed with the court, the executor of the estate will be able to begin gathering assets and debts. They will also need to notify creditors of the death and provide them with a copy of the death certificate. The probate process can be complex, so it’s important to work with an experienced attorney who can guide you through each step.

Step 2: Validate the Will

Once the will has been filed, the court will appoint an executor (if one was not named in the will) and give them the authority to start distributing the estate. The second step in probate is to validate the will. This involves making sure that the will is legally binding and that all of the deceased person’s assets are accounted for. Validation typically takes place at a hearing, where the executor presents evidence to the court that the will is valid and that all assets have been properly distributed.

Step 3: Appoint a Personal Representative

The Personal Representative is typically named in the deceased’s will, but if there is no will, or the named representative is unable to serve, the court will appoint someone. The Personal Representative must be at least 18 years old and cannot be a felon. Once appointed, the Personal Representative will need to file the necessary paperwork with the court and notify all interested parties of the estate. They will also be responsible for collecting assets, paying debts and taxes, and distributing the remaining assets to the heirs.

Step 4: Close the estate.

Once all claims have been resolved, the personal representative can begin distributing assets to heirs. This distribution must be approved by the court, and it is important to follow the instructions carefully to avoid any complications. Once all assets have been distributed and all debts have been paid, the probate process will be complete and the estate can be officially closed.

Final Thoughts

The probate process can be complex, but with the help of an experienced attorney, it can be navigated successfully.

If you are selling a house during probate in New Jersey, make sure to follow all of the necessary steps and requirements set forth by the Surrogate’s Court.

Once the sale is completed and the estate is closed, the proceeds will be used to pay off debts and liabilities, and any remaining funds will be distributed to the heirs or beneficiaries.

If you have any questions about selling a house during probate in New Jersey, request a free cash offer and our professional house buying team can answer them for you.

See our other NJ home selling resources here:

  1. How We Buy NJ Homes As-Is
  2. Selling a House With Septic in NJ
  3. Can You Sell a House With Termite Damage in New Jersey?

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