Do I Have to List a Probate Home the Traditional Way?
A personal representative recently called me with a great question:
“Do I have to list the probate home through the traditional process?”
My first answer was that the probate attorney should answer the legal part of that question. Every estate is different, and the personal representative's authority can depend on the probate, the will, court orders and other factors.
But once we know what the estate is allowed to do, then we can talk about the real estate side.
And this is where people are sometimes surprised.
A Probate House Does Not Have to Be Perfect to Sell
One of the biggest concerns I hear from families is that there simply isn't money available to fix the house.
Maybe the roof needs work.
The HVAC is old.
There is deferred maintenance.
The flooring needs to be replaced.
The house needs paint, landscaping or a major cleanout.
Sometimes there isn't an estate account full of cash available to take care of those things. And the family may not want — or be able — to personally pay thousands of dollars to prepare a property they don't own personally.
That doesn't automatically mean we have to skip the traditional real estate market.
In my experience, most probate homes can still be marketed to the broader buying public, even when they need work.
Selling As-Is Doesn't Always Mean Selling to an Investor
This is an important distinction.
A home can be sold in its current condition without automatically going straight to an investor.
Sometimes we price the home to account for its condition.
Sometimes a buyer is willing to accept an issue because the price makes sense.
Other times we may negotiate a credit toward something the buyer will need to address after closing.
We've also worked with vendors who were willing to complete necessary work and wait to be paid from the closing proceeds. Whether that option makes sense depends on the estate, the property, the vendor and the expected sale proceeds.
The goal isn't necessarily to make an older probate property look like a remodeled home.
The goal is to determine what will give the estate the best path forward based on the condition of the property, available funds, timeline and likely buyers.
When an Investor Sale May Make More Sense
There are exceptions.
I've walked into estate properties where the condition was so far removed from what we could reasonably market to a typical buyer that an investor-focused strategy made more sense.
The property may not have been financeable. There may have been significant safety or condition issues. Sometimes access itself needs to be limited.
In those situations, after the personal representative consulted with the attorney about what was permitted, we were able to market the property specifically toward investors and arrange limited showings.
But in my experience, those properties have been the exception rather than the rule.
Why Market Exposure Matters
This is where I think personal representatives need to be careful.
An investor may offer a quick sale and no repairs, and sometimes that is exactly what an estate needs.
But convenience has a value.
Before automatically choosing that route, I want to understand what the property might bring if we expose it to a larger pool of buyers.
Could a conventional buyer purchase it?
What about an FHA or VA buyer?
Would financing work if one specific repair were completed?
Could a buyer take on the needed improvements in exchange for the right price?
Would completing a small amount of work before closing substantially increase the buyer pool?
Those are real estate questions we can help answer.
The legal questions stay with the attorney.
Our Job Is to Give the Personal Representative Options
When Jason and I walk an estate property, we're not walking in with a predetermined answer that the family needs to spend money fixing everything.
Quite the opposite.
We look at what we're dealing with.
What needs immediate attention? What can be left alone? What could prevent financing? What might scare buyers but doesn't actually need to be repaired? Is there work that could potentially be completed without the family paying for it upfront?
Then I look at the real estate side: likely value, buyer pool, comparable sales, expected days on market and how the property's condition affects our marketing and pricing strategy.
From there, we can give the personal representative different paths to consider.
The attorney can advise them on what they have the authority to do. We can explain what those different choices may look like in the real estate market.
Don't Assume You Have to Spend Thousands Before Calling a Realtor
This may be the biggest takeaway.
Please don't start spending money simply because you think a probate house has to be “market ready” before you can sell it.
Let us see it first.
We've dealt with homes that needed almost nothing and homes that needed an enormous amount of work. We've worked with families who had funds available and estates where there was very little cash to work with.
Those circumstances don't automatically determine whether the house can be sold.
They help determine how we should sell it.
And sometimes the smartest thing we can tell a family is, “Don't spend money on that.”
Frequently Asked Questions
Do I have to repair a probate house before selling it?
Not necessarily. Many estate properties are sold in their current condition. We look at the home's condition, likely buyer pool and financing issues before recommending that the personal representative consider spending money on repairs.
Can a probate home be sold as-is?
Potentially, yes. “As-is” does not necessarily mean the property can't be marketed to regular homebuyers. The condition of the property and the type of financing a buyer plans to use can make a big difference.
Do I have to sell a probate property to an investor if it needs work?
No. Needing repairs does not automatically make a property investor-only. Some homes that need substantial updating can still attract buyers who plan to improve the property themselves.
What if the estate doesn't have money for repairs?
That is not unusual. Depending on the property and circumstances, there may be alternatives to paying for everything upfront. In some situations, we've worked with vendors willing to be paid from closing proceeds. In others, we've adjusted the pricing or negotiated with a buyer based on the home's current condition.
When does selling directly to investors make sense?
It may make sense when a property has severe condition or safety problems, can't reasonably qualify for common financing, requires restricted access, or when other circumstances make a traditional marketing strategy impractical. We evaluate those situations individually.
Does a personal representative have the authority to sell the house?
That is a question for the probate attorney. A personal representative's authority can depend on the estate, court orders, the will and how the probate is being administered. We handle the real estate strategy while the attorney provides the legal guidance.
Should I call the probate attorney or Realtor first?
Either is fine. If you call us first, we can look at the property and help identify the real estate questions that need to be answered. But when a question involves the personal representative's legal authority or probate requirements, we'll direct you back to the attorney for that answer.
Need Help Figuring Out What to Do With an Arizona Probate Property?
You don't have to clean everything out, make repairs or spend thousands of dollars before having us look at the house.
Rover Realty works with personal representatives, trustees and families throughout Arizona who are trying to determine the best way to handle an inherited or estate property.
We can walk the property, evaluate its condition and value, explain the likely buyer pool and give you practical options to discuss with your probate attorney before you decide how to move forward.
ROVER REALTY.
Angela Tauscher at Rover Realty expertly guides your Arizona buying, selling, or renting journey, maximizing results through dedicated, constant communication.
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