If you’re selling an inherited property, here’s what you need to know: probate is required, the will determines the process, and court approval takes months without one.
What should you do if you’ve inherited a home in Myrtle Beach? If you plan to sell it, there are a few steps you’ll need to take before listing the property. The process depends on whether there’s a will and whether you’ve been legally authorized to act on behalf of the estate. So if you’re sure about selling, here are the things you need to know.
Become the personal representative. To move forward with a sale, someone needs to be appointed as the personal representative of the estate. This role is sometimes called the executor. In Horry County, for instance, that means filing the proper paperwork through probate court. Until that appointment is official, you won’t be able to sell the home.
Selling when there is a will. If there’s a will, it usually gives the personal representative the authority to sell the real estate. In almost every case, the will includes that language. Once appointed, you’re able to list and sell the property without needing additional court approval.
Selling when there is no will. If there’s no will, the process is different. Even after being appointed as the personal representative, you’ll need to petition the probate court to approve the sale. That step can take several months—three, four, sometimes six or more—before the court allows the transaction to move forward.
To move forward with the sale of an inherited property, someone needs to be appointed as the personal representative of the estate.
Using a deed of distribution. In some situations, waiting for court approval isn’t practical. One option is to use a deed of distribution. This transfers the property out of the estate and into the names of the heirs. Once that happens, the heirs can sell the property directly.
This approach works best when there are only a few heirs and everyone agrees. For example, if there are two or three siblings and everyone is willing to sign an agreement, the deed can be recorded, and the property can be sold without waiting for the court.
Avoiding unnecessary delays. Property sales often get delayed for months simply because people don’t know this option exists. Without a will, families sometimes wait far longer than needed for court approval, even when there’s a faster way to move forward.
If you’re handling an estate without a will and looking to sell a property, there are ways to keep the process moving. I’ve worked through this with many families and also partnered with experienced probate attorneys who can assist. Call me at (843) 251-2693 or send an email to greg@gregsisson.com if you need assistance. I’m here to help.
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