02/06/2025
What Is a Probate Sale?
While many homeowners rely on estate planning to organize their assets, some pass without a will in place. This is also known as dying intestate. Or, they may die with debts in their name. In these cases, the decedent’s property enters a legal process called probate. A court oversees the sale of this property with the goal of selling it for the best price possible.
How Does a Probate Sale Work?
Just as how estate planning and foreclosure procedures vary by state, so does the probate process. Generally, though, the goal is to sell the property for the best price as is. Learning how the process works can help prepare you if you ever find yourself involved in one. It includes a number of steps:
Appointing an Executor of Estate
If the deceased didn’t leave a will, the court appoints an executor of estate. The executor, also called the estate representative, is typically the next of kin or another living relative of the decedent. They help get the decedent’s affairs in order and take care of the home’s sale.
The executor of the estate doesn’t conduct the sale alone. He or she gets assistance to support them in the process. We at "Augusta Probate Services" have the knowledge, experience and track record to help you accomplish this goal. We ensure that everything moves along according to the proper procedure. We are certified probate specialist.
Get an Appraisal
Home appraisals are a key part of purchasing or selling a home, whether it’s a traditional or probate sale. They are crucial since they determine the property’s value. But the process is the same as a normal sale. Costs for an appraisal depend on your location, with the average single-family home costing around $650.
We'll then make an offer for the court to consider
To purchase the property and make an offer, we must deposit 10% or more, this is the earnest money. This proposal gets sent to the probate judge if the seller approves of it. The judge then decides whether to allow the sale to move forward.
Petition the Court
If the judge approves and the executor of the estate accepts the offer, the process goes back to court. The probate attorney sets up a court date around 30 to 45 days after the acceptance. This doesn’t take the property off the market, though. Other buyers may make offers, which the seller and court can accept.
Get Court Approval
Confirmation from the court requires the attendance of all accepted buyers.
We buy as is
Once the court accepts the cashier’s check, and signs a contract, the executor of the estate also signs this paperwork. The contract cannot include any contingencies or conditions.
Close the Sale
The property is officially sold within 30 days following the contract signing.
