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Metz, Bailey & McLoughlin provides
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Attorneys For Today, Counselors For Life

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Attorneys For Today, Counselors For Life

Attorneys For Today, Counselors For Life

Metz, Bailey & McLoughlin provides customized estate planning and business law services to clients throughout Ohio

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  4.  » Selling estate property is not as easy as it seems

Selling estate property is not as easy as it seems

On Behalf of | May 5, 2020 | estate planning, probate & estate administration | 0 comments

Selling parts of a deceased person’s estate in Ohio is not as simple as just putting it on the market. There are certain requirements and things that must happen first. It is only once these occur that the property can be sold.

The most important thing when it comes to settling the estate is that debts must be paid off. Beneficiaries cannot receive their property until creditors get their money. When the estate is in probate, the creditors must be notified first so that they can make their claims against the estate. This is a prerequisite before assets can be distributed.

Then, any property or asset sales must go through the executor of the estate. The executor can make the final call about how the property is disposed of in accordance with the terms of the will. If the family wants to sell the deceased’s home, they must work with the executor before they can list the home on the market. If there is a will, the court will need to give a Grant of Probate before the home can be sold. If there is no will, then everything pertaining to the estate must go through the court. Probate is a detailed process that can take some time, so heirs should not expect to be able to immediately sell estate property.

It may be helpful to consult with an estate administration attorney before attempting to anything with the estate of the deceased. The attorney may advise as to probate procedures and how to work within them to dispose of estate property. If there is a dispute among the beneficiaries, the attorney may help their client if the matter goes to court. Probate can be difficult, so an estate attorney might be helpful as a client makes their way through the process.