How To Sell a House Without Probate of Will in San Antonio, Texas?

Probate; the word alone elicits chills up your spine. If you are one of the lucky individuals whose been left a home by a decedent, or if you have a home which is set in a living trust for you, there are ways which you can get around probate courts and the process in general. So, if you’ve only dealt with real estate agents and brokers who’ve told you that going through the probate court is the only way in which you can inherit, and in turn sell your San Antonio house fast, and run! These agents are either ill-informed, or they are trying to take you through a lengthy process in order to charge you more on the back end for the services they are going to provide. So, how do you get around the probate court and process? What are the steps which can be taken to help you avoid this tedious, and often costly process?

Let’s take a look at what the sale of a home, without having to run the mill through the probate process, is going to look like.

We need to know what probate is. In layman’s terms, it is basically a process which property (a home) has to go through, once the decedent who has deeded you a home passes away. It is the manner in which the property that is in their name, will be transferred to your name. Probate is used to transfer property from the original owner, to an heir, or through a living-will. But, the probate process is long, it is tedious, and it is very costly if you do not know what you are doing throughout.

What can we do to avoid it? –

So, you want to avoid the probate process all together? You have spoken to a few attorneys as well as to real estate agents and brokers, who tell you it is not possible. Either they want to milk you for all you are worth, and run you through the ringer so they can make more money, or they simply are ill-informed. So, why would you want to hire them either way? What can be done to avoid the probate process and to ensure you get the highest value for the property which you have inherited?

1. Jointly held real estate is a form in which you can avoid the probate process if you want to sell a home which you have or will inherit upon death of the owner.

As an executor, or the co-owner of a piece of property, you have the right to do as you see fit with it. And yes, this does include selling the house. Of course, there may be restrictions in place, or other language in the deed of the home which restricts certain sales, however you should be familiar with such terms as a joint-owner of that property.

2. One such option to avoid probate is the Trust.

A trust is basically a legal document, which entrusts you (the heir), with the property being left by the decedent (the original owner/individual who is leaving you the property). In a living trust you are named as a trustee to the property, and with approval, or with written permissions in that trust instrument which has been executed, you are going to have the right to sell it.

3. Affidavit.

An affidavit of heirship basically indicates you are the sole heir of the property. It is a signed document by the individual who is leaving you the property, and it dictates what can be done with the property by you, the heir/owner. By simply filing the affidavit, you have the right to do as you please with the property. And yes, this does include selling your home quickly, for a cash value, and not having to go through the court probate process in order to do so.

4. Judicial Determination is an option.

Just as it sounds, judicial determination is basically a judge/administrative legal authority, stating you are the sole owner of the property. They are making a determination that you own that property, that you are the heir apparent to the property, and that you have the right to do as you deem fit with that property.

This typically occurs in cases where the deceased hasn’t written a will. In such cases, a court will go through a legal process, and will determine the decedent’s “wishes” or what their wishes would be, if they were to have written up a will. If it is determined by that legal judge/justice that you are the heir apparent of the property, then you are going to have the right to sell it. And, you can do so without having to go through the lengthy process of probate court.

Probate is no fun. The court system is one which will make you go through many obstacles and hurdles. There is always the possibility that another family member tries to jump in and contest a will or trust. And, of course there is the waiting game and the financial burden which comes along with it. So, if it is at all possible, you can sell your home when you are the heir (or an heir apparent). There are steps you can take in an effort to forego the probate proceedings and financial costs attached to these proceedings.

If nothing else, we can buy your property. Not only will we make a cash-value, for the market value of your home, we will deal with the probate issues if they ever do come up in the future. We will make a cash-offer you can’t resist, and we pay you right away for your home. So, you don’t have to go through other agents, nor do you have to deal with the state, the court-system, or tedious legal battles you are all too familiar with (or have heard of). If you want a quick cash sale, look no further than our team to purchase your home in TX, and avoid the probate process all together when you’ve been deeded a property which was left behind by a family member to you.

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Jeffrey Fuentes
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These group of investors were really knowledgeable and helpful in getting our property sold with no hassle. Thank you Jill and Edgar for all your help in making this a quick and hassle free process. We appreciate you were always available to take our calls and that y’all were very professional.
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We sold our home with this company and were overall pleased with the process and outcome. The process can be a bit of an emotional roller-coaster (this is primarily due to the nature of the market, not a fault of the company), but Edgar and his team did their best to make it as straight-forward and stress-free as possible. Be prepared to show your home to potential investors and marketers, and be aware that you will probably not receive market value for your home. But if you need to sell your home quickly and don't have the available cash to cover repairs and closing costs, this is the best route to go. We closed within 30 days of having reached out to House Buyer San Antonio, and the funds were transferred to us within 24 hours of closing.
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Edgar was very professional with great communication skills. He made the transaction run very smooth as it was a stressful time moving our mother out of her home and into a nursing home.
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This company made the process of selling my home an extremely pleasant experience. I was very impressed and satisfied with the whole process. Thank you, Maria Gonzalez
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Sal and the team were great. I was selling a house for my mom, and I was 1000 miles away. I made arrangements to meet several companies and Sal was the most prompt with returning calls and texts. Very important when you need to move quickly. He made an offer that worked and we got the house sold quickly. Selling a home is stressful and there was still stress, but it was mitigated by Sal's flexibility. God is good. Rick.
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Right from the get go response time was awesome. I filled out the information on the web site and received a response from somebody with in hrs. Sal took over and has help get us through the pain of selling my childhood home with ease. Gave us a excellent offer. Would recommend him to all that are trying to sell a home.

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