Can You Sell a House Before Probate Is Finished in Michigan?
YES! In many cases, you can sell a house before probate is completely finished. You usually don't have to wait until the entire probate process is over.
But there are a few important steps you need to take first.
1. Someone needs to be in charge of the estate
When someone dies, their estate may need to go through probate. If the house is part of the estate, the court will appoint someone to handle things for the estate. This person is called the personal representative.
They may be called an executor if there is a will.
2. The personal representative needs their Letters of Authority
This is probably the part you've heard about.
After the court appoints the personal representative, the court gives them Letters of Authority.
Think of these as proof that:
“I am the person who has been appointed to handle this estate.”
The title company, bank, real estate agent, or buyer may need to see these documents before the house can be sold.
3. The house doesn't always have to wait until probate is over
This is where many families get confused.
Probate can still be open while the house is being sold.
The personal representative may be able to sell the house, pay off what the estate owes, and then continue taking care of the rest of the probate process.
So you don't necessarily have to wait months for probate to completely finish before doing anything with the house.
4. Find out how the house was owned
Before selling, you need to find out who legally owns the house now.
Sometimes the house goes through probate. Sometimes it doesn't.
For example, the property may have been owned jointly with someone else or placed in a trust. The way the property was owned can change what needs to happen before it can be sold.
A title company or probate attorney can help determine this.
5. Find out whether the court needs to approve the sale
Not every probate case works exactly the same way.
Some estates allow the personal representative to handle most things without going back to the judge for approval.
Other estates have more court involvement.
Before you accept an offer, make sure you know whether the probate court needs to approve the sale.
6. Decide what to do with the house
Once you know you're able to sell, you have choices.
You can:
Sell the house as-is
Make repairs and list it with a real estate agent
Clean it out and sell it
Sell it directly to an investor
Keep it as a rental
There isn't one right answer for every family.
If the house needs a lot of work, selling it as-is can sometimes be the simplest option.
7. What if there are several heirs?
This is another common question.
Being an heir and being the personal representative aren't necessarily the same thing.
The personal representative is the person appointed to handle the estate. They have to follow the rules for the estate and act in the best interests of the people who are entitled to the estate.
If the family disagrees about selling the house, it's a good idea to talk with a probate attorney before moving forward.
The important thing to remember
You usually don't have to wait until probate is completely finished to sell an inherited house in Michigan.
But before you put the house on the market or accept an offer, make sure:
Probate has been opened if it is required.
A personal representative has been appointed.
The personal representative has received their Letters of Authority.
You know who legally owns the property.
You know whether the court needs to approve the sale.
If you're dealing with an inherited house and you're not sure where to start, you don't have to figure everything out at once. Start by finding out whether probate has been opened and who has been appointed to handle the estate.
Have an inherited house in Michigan that you need to sell?
Call or text 248-422-0790 to talk about your options.
