After a loved one dies, there is a lot going on. You are likely experiencing grief. You may also be involved in handling their estate, which can be a complex process. You may even be tasked with selling their property, such as a house or parcel of land.
Unless there was a revocable living trust or a legal arrangement called joint ownership with right of survivorship on the property, selling it could take some time. That is because you will have to go through the probate process. You must wait until the probate process is finalized before you can list the property for sale.
Once the probate process is complete and the court has transferred ownership, you are legally allowed to sell the property. Before listing the home, schedule a professional home inspection or appraisal to evaluate the foundation, structure, electrical systems, and other key components. This helps identify any issues that could affect the sale.
Also, any remaining obligations tied to the property, such as mortgages, unpaid property taxes, or liens, must be resolved before proceeding with the sale. After all legal and financial matters are addressed, you can start the selling process. You can begin marketing the property and negotiating with buyers.
Are there multiple owners on the property? If so, it is a good idea for them all to be on the same page regarding the sale of the home or land.
Required Documentation
When preparing to sell a property inherited from a deceased family member, having these documents on hand will help streamline the selling process and avoid delays in closing:
- Proof of ownership. This document confirms your legal ownership of the property. It is typically issued after probate is completed and the court transfers title to you.
- Valid photo ID. A government-issued photo ID is required to confirm your identity as the seller or legal inheritor throughout the transaction.
- Death certificate. A certified copy of the deceased’s death certificate is required to verify their passing. Title companies, lenders, and other parties will request it during the sale process.
- Property title records. These records show the history of ownership and disclose any existing liens or mortgages, which must be resolved before closing the sale.
- Property tax records. These documents verify that property taxes are current and there are no unpaid tax liens. Buyers, lenders, and title companies often request this.
- Seller disclosure form. Under South Carolina law, sellers must complete a property disclosure form. This document outlines the known condition of the home, including any defects or issues.
Contact Us Today
Selling the home or land you inherited from a loved one can be a complex process. There is a lot involved, and it consists of going through probate first, which can take years in some cases.
Selling a property will not happen overnight, but the Greenville probate and estate administration attorneys at Blackacre Law, LLC can make the process easier. We offer probate, estate planning, and real estate services to ensure everything goes as smoothly as possible. Schedule a consultation with our office today. Contact us via (864) 775-5400 or online here.