Legal Guidance From Attorneys Who Care

Loss and Legalities: Selling your deceased parent’s property

On Behalf of | Dec 15, 2023 | Probate

Losing a parent is one of the most difficult experiences we can go through in life. In addition to the emotional burden, you must also address practical considerations. For instance, you might need to sell their property out of necessity.

As an adult child handling the estate of a deceased parent, this can be challenging and emotionally taxing. However, it is often necessary to do so in order to move forward after their death.

Why sell the property?

There are several reasons why selling your deceased parent’s property may be necessary. One of the most common reasons is that you may no longer need the property or it is not feasible to keep. If you do not live in the property or do not plan to continue living there, it may be more practical to sell it and use the proceeds to invest in a new home that better suits your needs.

Additionally, selling the property can be a way to honor your parent’s memory and create a new sense of home. By letting go of the property, you can create a new chapter in your life and begin to heal from the loss of your parent.

Going through the probate process

If the property is held in the name of the deceased parent alone, you must go through the probate process to gain legal ownership of the property. Although it can be complex and time-consuming, it is the best way to ensure the property is distributed according to your parent’s wishes. It typically involves the following steps:

  • Filing a petition with the court
  • Appointing a personal representative
  • Gathering assets and paying debts
  • Distributing the assets
  • Closing the estate

Before listing the property for sale, you must ensure that all necessary permits and inspections are in order. You will also need to notify all heirs and beneficiaries of the property sale and obtain their consent if state law requires it.

Honoring your parent’s memory

Selling your parent’s property can be a difficult and emotional experience. It is important to approach the process with sensitivity and care and to prioritize your own emotional well-being. There is no rush. Take your time to heal as you go through the entire process. Consider working with a real estate agent, attorney and other professionals with experience handling estate sales. Although it will be tough, with the right support and guidance, closing the deal can be a meaningful way to honor your parent’s memory.

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