Jan 09, 2023 - 9m read
Can You Empty a House Before Probate?
Inheriting a home from a family member or loved one isn’t always a straightforward process. Before the home will be given to you, you’ll be tasked with filing certain forms, appraising assets, and planning a funeral.
Anthony Reinoehl
Co-Founder
Inheriting a home from a family member or loved one isn’t always a straightforward process. Before the home will be given to you, you’ll be tasked with filing certain forms, appraising assets, and planning a funeral. Along with these tasks, you may need to take some time to sift through the decedent’s personal belongings to identify which items should remain in the home and which should be disposed of.
If you want to sell the home quickly, your first idea may be to empty the home of all items before listing it on the market. However, selling or getting rid of items in the property can expose you to liability in the event that the estate has debts or taxes that must be paid.
Before you start moving items out of the home you’ve inherited, the property may need to go through the probate process. Only after this process will you know what you can legally get rid of. The following offers a more comprehensive answer on the possibility of emptying a home before probate occurs.
Can You Empty a House Before Probate?
You shouldn’t empty a home before probate. The probate process involves a court order, which means that emptying the home beforehand can lead to legal and personal problems. If you’re finding it difficult to understand what the probate process is and what it means for the home you’ve inherited, you could always hire a probate attorney to help you navigate it. If you’ve hired a realtor, he or she could answer your questions as well. There are three reasons why you shouldn’t get rid of items in the home before probate, which are detailed below.
Reason #1: You May Need to Take Inventory First
First of all, you may need to take inventory first. The estate’s personal representative or executor should make a full inventory of the items that are still in the home. This inventory needs to be extensive and should include even the most basic of items. All items should be divided into non-probate and probate assets.
Make sure that this inventory is also used as the first step in identifying which belongings should be distributed to loved ones and relatives. You can designate items to be thrown away, sold, or donated. Even though this inventory will be used when you begin to remove items from the home, there are still several steps that must be completed before this process begins.
There are a few reasons why it’s important to make an inventory. As a personal representative for the estate, you’ll need to preserve and protect all assets within the home. If any items are stolen or lost during or before probate, you could be held responsible for the loss that the estate incurs. If you make the mistake of selling items before probate and find that the estate owes more to creditors than you believed, you might need to pay back any money that’s owed yourself.
Reason #2: You May Not Have the Right to Get Rid of Certain Items
The second reason why you can’t empty a house before probate is because you might not have the right to dispose of certain items. The decedent may have placed some of these possessions into their will to give to specific loved ones or relatives.
It’s possible that the deceased individual wanted to make sure that their most valuable possessions weren’t just given to anyone, which is something that must be taken into account before and during the process. Even if the individual in question didn’t create a will before they passed away, intestacy laws may determine which relatives or friends are given certain possessions.
Reason #3: You May Not Know the Exact Value of Objects Yet
Another reason why you shouldn’t empty your inherited home too early is because you might not know the exact value of certain objects. While you might have a good idea what a specific antique is worth, you can’t be certain unless the item has been recently appraised.
Determining the total value of household items takes a considerable amount of time and effort. You might need to obtain an expert opinion as well. If you sell an item too early, you may find yourself in a situation where you mistakenly sell something for $20 that’s actually worth $500.
Are There Exceptions?
Although rare, there are a few exceptions to the rule that allow certain valuables or items to be removed before the probate process occurs. While you should always maintain possession of the items in the household until probate comes to an end, you may be able to get rid of extremely valuable items that could otherwise be damaged if they remain in the home for too long.
As an example, let’s say that your relative had a high-priced Aston Martin in their garage at the time of their death. If there are any other valuable items in the garage that must be inventoried, you run the risk of damaging the vehicle during this process. You could mitigate this risk by moving the vehicle to a more secure location that will keep it protected. If you want to protect yourself from future liability, make sure that this entire process is documented.
While there are a few rare exceptions that would allow you to remove an item from a home before probate, you should always support your decision with documentation. Otherwise, you could be held liable. It’s also essential that you don’t move these items on your own. There should be multiple witnesses on hand to corroborate the details you give about when and how the item was moved from the home. Even if you have extensive documentation, you may still be held liable if there weren’t any witnesses.
What Happens to the Contents of the Estate House of the Deceased?
When your loved one or relative dies, it’s understandable that you want to take certain items that may have held sentimental value. However, there are a few things you should do before even thinking about taking items out of the home.
First, you’ll need to file a petition to begin the probate process with the local court in the county where the decedent lived. Make sure that you include the decedent’s will alongside the petition. If you have been deeded the house in the will, it may not need to be included in probate assets, which means that you would have the opportunity to remove any and all items from the home that you want. However, you should check with a probate attorney to find out if the home needs to go through probate.
In the event that the property is considered part of probate, this process needs to be started and completed before anything else happens. When there are a sizable sum of debts that need to be paid, the home might need to be sold off to pay these debts. In this scenario, you would be able to sell the items via an estate sale or distribute them among heirs.
How to Transfer the Property
If you want to transfer the home from the decedent, you’ll need to obtain documents from the court that show that you will be acting on behalf of this estate. You’ll then have the ability to sell the contents inside the home as well as the property itself. If the home is set to be provided to an heir, the documents must indicate who will inherit the property, after which the deed can be transferred to the beneficiary in their name.
What Happens to the House When it Enters Probate?
Once a house is placed into probate, there are three things that can occur. As mentioned above, the home can be transferred in an heir’s name. This individual can then choose to keep the home or sell it once the title is in their possession.
Another scenario involves the home being sent to an heir even if one wasn’t listed in a will. If the decedent never created a will while they were alive, intestacy laws allow the court to determine who will receive the home. Assets are distributed based on the state the decedent lived in. It’s common for a surviving spouse to be the first person in line for the home.
The third and final option involves selling the home before distributing the assets to the heirs after all creditors have been provided with the money they’re owed. If an heir doesn’t want the home or the debts are higher than all liquid assets, the home might need to be sold.
If you’ve recently inherited a home and would like to sell it, you can do so quickly by getting in touch with CC Capital. Once you call us, we’ll perform an assessment to identify your home’s value before making a fair offer. If you decide to accept the offer, you can choose to close on the sale on the timeline you prefer.
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