Losing a loved one is never easy. Along with grief comes the responsibility of handling their estate, including any property they owned. If you’ve inherited a house in Rhode Island, you might be wondering: can you sell an inherited house in probate, or do you need to wait?
The short answer is: it depends. Rhode Island has specific rules about selling inherited property, and understanding the probate process can help you make the right decision for your situation.
Understanding Probate in Rhode Island
Probate is the legal process of administering an individual’s estate after their passing. During probate, the court validates the will (if one exists), identifies assets, pays debts, and distributes the remaining assets to the rightful heirs.
In Rhode Island, probate typically takes between six months and two years, depending on the complexity of the estate. If the deceased owned real estate, that property becomes part of the probate estate and must undergo this process before ownership can be officially transferred.
Here’s what makes probate necessary:
- The deceased owned property in their name alone
- There’s no living trust in place
- The property wasn’t designated with a transfer-on-death deed
If any of these apply, you’ll likely need to work through the probate process before selling the house.
Can You Sell During Probate?
Yes, you can sell an inherited house in probate, but you’ll need court approval first. The executor of the estate (the person named in the will to handle affairs) must petition the probate court for permission to sell the property.
The probate process in RI for selling inherited property typically follows these steps:
- File a petition: The executor submits a formal request to the court explaining why selling the property makes sense for the estate.
- Court review: The judge examines the request and determines whether the sale serves the estate’s best interests, such as paying debts or distributing assets fairly.
- Get approval: Once approved, the executor can proceed with selling the property, although some restrictions may apply regarding price and terms.
- Complete the sale: After finding a buyer, the executor must report back to the court before closing the deal.
This process adds time and legal steps, but it’s sometimes the fastest way to settle the estate and move forward.
When You Can Sell Without Probate
Not every inherited property requires probate.
You might be able to sell inherited property without going through probate in Rhode Island if:
- The property was held in joint tenancy with right of survivorship
- The house was placed in a living trust before the owner’s death
- Rhode Island’s small estate procedures apply (for estates under $15,000)
- A transfer-on-death deed was filed
If you inherit property with a surviving co-owner, ownership typically transfers automatically without court involvement. The same applies if the deceased set up a trust specifically to avoid probate.
Why Sell an Inherited House During Probate?
Many families choose to sell inherited property during probate for practical reasons. Keeping an empty house costs money—property taxes, insurance, utilities, and maintenance add up quickly. If the estate has debts or multiple heirs who want their share, selling during probate can be the most efficient solution.
Selling also prevents the property from sitting vacant, which can lead to deterioration, vandalism, or decreased value. A quick sale means one less thing to worry about during an already difficult time.
The Challenges of Selling Inherited Property
Selling a house during probate comes with unique challenges:
- Time constraints: Court schedules and legal requirements can slow down the process significantly compared to a traditional sale.
- Property condition: Inherited homes often need repairs or updates, and you may not have the funds or desire to invest in improvements.
- Emotional difficulty: Selling a family home while grieving can feel overwhelming, especially when dealing with legal paperwork and multiple interested parties.
- Market uncertainty: Waiting for probate to complete means holding onto the property longer, with ongoing expenses and market fluctuations.
These obstacles make many homeowners look for faster, simpler solutions.
How We Pay More Properties Can Help
At We Pay More Properties, we specialize in helping Rhode Island families sell inherited houses quickly and fairly, whether you’re in the middle of probate or just starting the process. We understand that dealing with an inherited property during probate can feel complicated and stressful.
Here’s how we make it easier:
- Cash offers in 24 hours: We evaluate your inherited property and present a fair cash offer within one day, giving you clarity when you need it most.
- Sell as-is: You won’t need to make any repairs, clean out the house, or worry about staging. We buy properties in any condition.
- Work with your timeline: Whether you need to close in seven days or want more time to sort through belongings, we work around your schedule and the court’s requirements.
- No fees or commissions: You keep more money because there are no agent commissions, closing costs, or hidden fees eating into your proceeds.
We’ve helped countless families in Providence and throughout Rhode Island navigate the probate process while selling inherited property. Our team understands the local court system and can work closely with your attorney to ensure a smooth process.
Take the Next Step
If you’ve inherited a house in Rhode Island and need to sell, you don’t have to figure it out alone. Whether you’re dealing with probate court approval or ready to sell immediately, We Pay More Properties is here to help. We’ll walk you through every step, answer your questions, and make this process as stress-free as possible.
Call us today at 844-937-2966 or visit our office at 207 Douglas Ave, Suite 200, Providence, RI 02908. You can also get started online at wepaymoreproperties.com. Get your fair cash offer in 24 hours and move forward with confidence. Your fresh start begins here.