Pitfalls

As Probate Real Estate Specialists, we understand how difficult it can be to sell a probate property.  One of the things we typically hear is “if I knew how hard this process was, I would have passed it off to someone else”.  Sometimes tears of frustration follow that comment as well as being overwhelmed by financial obligations or dealing with conflicting opinions from family members.  Often, we need to say “take a breath.  You can do this.  We can help!”

Let’s start with common misconceptions about probate. 

Even if you were the Power of Attorney (P.O.A.) for your loved one prior to them passing, your P.O.A. is no longer valid after their death.  This means,  while the real estate property is going through probate, someone needs to be assigned Personal Representative before any real estate documents can be signed.  However, while waiting for the courts, there are some things you can do to prepare for a home sale.  Does the house need to be cleaned out?  Do you need an Estate Sale?  Are you wondering if it is worthwhile to invest any money in to the property?  Are you an out-of-state PR and not sure how to secure the property?   These are all great questions and as Certified Probate Real Estate Specialists we have resources to put your mind a ease.

Often, families have different expectations on how to handle the sale of probate property. There is turmoil over finances, timelines, repairs, selling vs. renting, and emotional attachments.  Trust me, we have dealt with this situation often.  It is important that chaos is not allowed to run the process.

As Probate Real Estate Specialists, we get all the facts about the property up front and we get all questions answered.  This will give us a good place to start with a strong fact-based action plan that will provide a road map throughout the entire process.

Even if you have purchased or sold property, the probate real estate process has different rules and requirements. 

In order to have a successful closing, you must follow the proper procedures when it comes to heirs, signing real estate documents, having the right accounts open and assuring a Personal Representative has been assigned and received the proper paperwork.  Mishandling any of these steps can result in a delay of settling the estate.

Having someone on  your side that has the knowledge and expertise will help you avoid costly mistakes and delays.  Probate training is not offered in the real estate licensing process, but an elective certification can be obtained through additional course work.  Our probate clients have found our expertise very valuable.

  Covid-19 has changed many thing in our culture, including the way we close a real estate transaction. Prior to covid-19, both seller(s) and buyers(s) sat at the table, signed documents, shared stories and the seller(s) received the proceeds from the sale.  That no longer takes place.  Today, the seller(s) will close 5-7 days before the closing date.  On the date of closing the buyer(s) will sign all the proper paperwork and the seller(s) proceeds need to be disbursed, but due to the new closing requirements the seller is not present.  Part of Team Tillman’s game plan is to make sure the final documents and seller(s) proceeds make it in to the seller(s) hands.  Additionally, we work with you have the proper E.I.N. account open so the proceeds can be deposited and dispersed accordingly.

While the probate real estate process can be overwhelming, having the right people in your corner can make all the difference.  We would welcome the opportunity to walk this journey with you.  Please contact a member of Team Tillman and let’s get your questions answered and a game plan in place.

Chad Blank, SRES, CPRES                   Dan Tillman, SRES, CPRES              Mary Tillman, SRES, CPRES

Chad.Blank@cbrealty.com                   Dan.Tillman@cbrealty.com               Mary.Tillman@cbrealty.com

Cell: 763-300-9780                                Cell: 612-790-4443                              Cell: 763-300-9717