Definition
Probate is the court process that validates a deceased person's will, settles their debts, and legally authorizes the transfer of their property to heirs or beneficiaries. Until a court appoints an executor or personal representative, nobody actually has the legal authority to sell a house that belonged to someone who has passed away. Timelines vary enormously by state, ranging from a few weeks for small, simple estates to well over a year for larger or contested ones. For a homeowner who has inherited a property, probate is usually the first hurdle to clear before you can list, sell, or even make repairs with confidence, so understanding where the estate stands is essential before making any plans for the home.
Example
When their father passed away, three siblings inherited his house, but the deed remained in his name alone and none of them had any legal authority to sell it yet. They filed the necessary paperwork with the county probate court and waited several weeks for a hearing date to be scheduled. Once the court issued letters of administration naming one sibling as representative, that sibling was finally able to sign the deed on behalf of the estate. In the meantime, all three had agreed on a listing price and lined up a buyer who was willing to wait out the court process. The sale closed a few weeks after the letters were issued, and the proceeds were split evenly among the three heirs as their father's will had directed. They agreed the hardest part was simply the waiting, not the paperwork itself.