FIRST THINGS FIRST: PROBATE OR NOT?

A loved one has passed. Now you find yourself responsible for handling their estate. The property they left behind may be modest—perhaps a 1,000 sq. ft. home in mostly original condition. Do you really need to go through the probate process? Can’t you just sell the home and distribute the proceeds among the heirs?

Let’s explore when probate is and is not required.

 


PROBATE MAY NOT BE NECESSARY IF ANY OF THE FOLLOWING APPLY:

  1. The property is valued over $150,000 but was held in a Living Trust.
  2. Title was held as Joint Tenancy.
  3. Title was held as Community Property with Right of Survivorship.
  4. A beneficiary designation exists (e.g., Pay-on-Death or Transfer-on-Death Accounts).
  5. The total estate value is less than $150,000 with no real property.
  6. The estate includes real property valued under $50,000.
  7. The estate includes real property valued between $50,000 and $150,000.
  8. A will exists and leaves separate property to a surviving spouse — a Spousal Property Petition may be sufficient.

 

PROBATE IS NECESSARY IF:

  • The aggregate value of the estate exceeds $150,000, and none of the probate exemptions apply.
  • Joint tenants, tenants in common, or spouses holding title with survivorship rights have all passed.

Probate is a court-sanctioned process used to:

  • Identify and protect the deceased’s assets,
  • Pay debts to legitimate creditors, and
  • Distribute the remaining estate to rightful heirs.

The court appoints a Personal Representative to manage the process:

  • With a will: the Executor
  • Without a will: the Administrator

This representative is the only one authorized to transfer the property to new buyers.

 

WHAT IS A C.P.R.E.S.?

C.P.R.E.S. stands for Certified Probate Real Estate Specialist.
It’s a designation awarded by U.S. Probate Services to real estate professionals who have passed a rigorous exam and completed extensive training in probate transactions.

Why choose a C.P.R.E.S.?

A C.P.R.E.S. understands the full probate timeline — from initial petition to final distribution. You can expect:

  • A trusted team of professionals (appraisers, inspectors, contractors, photographers).
  • Resources to maximize property value before listing.
  • Connections to cash investors who purchase AS-IS to avoid lengthy escrows and financing delays.
  • Help with estate sales to clear out personal belongings.
  • Access to Inheritance Funding solutions for heirs who need cash upfront
    (Learn more at www.inheritancefunding.com).

Most importantly, we act as your guide through this emotionally and logistically complex process—ensuring every step is managed with care, transparency, and efficiency.

WHY NOT JUST HIRE ANY REALTOR?

Not all Realtors are qualified for probate.
The probate process is complex, time-sensitive, and court-regulated. Hiring someone without probate experience could cause delays, legal issues, or missed opportunities.

A C.P.R.E.S. ensures:

  • You stay compliant with court protocols,
  • Your decisions as Executor/Administrator are fully informed, and
  • The estate receives the highest value possible for its assets.

Our mission is to help you navigate this long and often overwhelming journey—minimizing stress, protecting the estate, and saving you time.

ADDITIONAL PROBATE FACTS:

  • Probate files are public.
  • The probate process takes place in the county where the decedent lived.
  • Your Probate Attorney does NOT handle the sale of the property—your C.P.R.E.S. does.
  • There may be tax implications for heirs receiving assets. Consult a tax advisor before final distributions.

Have questions or need help getting started?

Speak with a Certified Probate Real Estate Specialist today—we’re here to simplify the process and help you make smart, confident decisions.

Why Sell with Help-U-Sell

Why Sell with Help-U-Sell Capital City?

Service You Deserve. People You Trust.

Selling your home can be overwhelming — between staging, packing, moving, and juggling everyday life. You deserve a trusted partner who brings clarity, confidence, and results.

At Help-U-Sell Capital City, we promise to guide you through every step with energy, creativity, integrity, and class — and always with your best interest in mind.

Our Success is Your Success

Our agents are local market experts and skilled negotiators. We use proven, innovative strategies to get results — not just fast sales, but the best outcome for you. It’s not just what we do differently, it’s how well we do it.

What You Can Expect

Your dedicated Help-U-Sell agent will:

 Understand Your Goals – We start with a walkthrough and personalized strategy.
 Accurately Price Your Home – Using a detailed CMA and local insight.
 Maximize Your Home’s Appeal – With recommendations on staging, repairs, and upgrades.

First Impressions Matter

We provide access to local pros for landscaping, cleaning, repairs, and staging. Then we take it to the next level:

  • Professional Photography – Homes with high-quality images sell for up to $3,400 more.
  • Virtual Tours by TourFactory – 24/7 access to your home for buyers near and far.
  • Emotional Connection – Beautiful visuals create instant impact and connection.

Included with Every Listing

 Custom Flyers
 Professional Signage + Directional Signs
 Electronic Lockbox
 MLS + Online Exposure
 Stunning Virtual Tour
 Pro Photos and Targeted Marketing

We’re With You All the Way

Once an offer comes in, we take care of:

  • Buyer Qualification
  • All Disclosures & Paperwork
  • Offer, Appraisal & Inspection Negotiations
  • Smooth Closing Coordination

From listing to closing, we stay on top of every detail so you don’t have to.

Ready to Sell Smarter?

Our low set fee saves you thousands without cutting corners. Let’s talk about how we can help you sell with confidence and keep more of your equity.

Your Local Expert Since 2013

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