If you’ve sold a home before, you might think you know what to expect. But selling a property in probate is a different ballgame entirely. This isn’t a simple transaction between a buyer and a seller; it’s a legal process overseen by a judge to ensure everything is handled fairly for heirs and creditors. As the personal representative, you have a fiduciary duty to the estate, which means following specific court-mandated steps. From getting a formal appraisal to securing court approval for the final sale, the process for probate real estate sales arkansas has a unique structure. This article breaks down that structure into manageable pieces, giving you the clarity needed to move forward correctly.
Key Takeaways
- Follow the Court’s Roadmap for a Legal Sale: A probate sale isn’t a standard transaction; it’s a legal process. You’ll need a court-ordered appraisal to set the property’s value and a judge’s approval to both list the home and confirm the final sale.
- Act as the Estate’s Financial Guardian: Your primary role is to manage the estate’s money responsibly. This means using its funds—not your own—to pay all debts, taxes, and property upkeep before distributing any remaining proceeds to the heirs.
- Assemble Your Professional Support Team: You don’t have to be an expert in everything. Working with professionals who specialize in probate, like an experienced real estate agent and an attorney, is the best way to ensure the process is handled correctly and efficiently.
Selling a House in Probate: What to Expect in Arkansas
Selling a property is a big undertaking, and when it’s part of a probate case, it comes with an extra layer of rules and responsibilities. It’s completely normal to feel a bit overwhelmed by the process. The good news is that with a clear understanding of the steps involved, you can handle the sale confidently and effectively. Let’s walk through what a probate sale entails in Arkansas, your role in the process, and some common misconceptions you might encounter along the way.
What Makes a Home Sale a “Probate Sale”?
When a property owner passes away without placing their home in a trust or another legal arrangement, the sale of that home is often handled through the court system. This is what’s known as a probate sale. Think of it as a court-supervised process designed to ensure everything is handled fairly for everyone involved. The court’s involvement protects the interests of the deceased person’s heirs and any creditors. This process is common in Arkansas and follows specific legal steps to transfer ownership from the estate to a new buyer. It’s not necessarily complicated, but it does have rules that must be followed. For a deeper dive into terms you might encounter, our Probate FAQ is a great resource.
Your Role as a Personal Representative
If you’ve been named the personal representative (or executor), you have a key role in the probate sale. Your primary responsibility is to act in the best interest of the estate—a duty known as your fiduciary responsibility. This means managing the property and sale process honestly and transparently. Before you can even list the house, Arkansas law requires you to file a complete inventory of the estate’s assets with the court and get a court-approved appraisal for the property. It’s also wise to open a separate bank account for the estate to handle all financial transactions. This keeps everything organized and makes accounting much simpler. Working with an experienced professional can provide the attorney information and guidance you need.
Common Myths About Selling a Probate Property
There’s a lot of misinformation out there about probate, so let’s clear up a couple of common myths. First, many people believe that having a will allows you to avoid probate altogether. Unfortunately, that’s not true. A will is simply a guide for the court that outlines the deceased’s wishes for how their assets should be distributed. The probate process is still necessary to legally validate the will and oversee the distribution. Another misconception is that estate planning is only for the very wealthy. In reality, anyone who owns property can benefit from planning ahead. Taking steps now can make things much easier for your loved ones later. Our team can help you explore different estate solutions to find what works best for your family’s situation.
The Legal Side of Selling: Key Steps and Documents
Selling a house in probate comes with its own set of rules. Unlike a standard home sale, you’re not just working with a buyer; you’re also accountable to the court, the heirs, and any creditors. This legal oversight is there to protect the estate’s assets and ensure everything is handled fairly. It might sound intimidating, but think of it as a clear roadmap. By following the required steps and gathering the right documents, you can move through the process confidently and keep everything on track. Let’s walk through the key legal milestones you’ll encounter.
How to Get Court Approval
Before you can even think about putting a “For Sale” sign in the yard, you need the court’s permission. In Arkansas, this process starts with getting a court-approved appraisal of the property. This isn’t just a suggestion—it’s a requirement to establish a fair market value for the home. Once you have the appraisal, you’ll petition the court for the authority to sell. A judge must approve the sale before you can officially list the house. This step ensures that the property is sold for a fair price, protecting the interests of all the beneficiaries. If you have questions about this initial step, our Probate FAQ can provide more detailed answers.
Essential Documents for the Sale
Staying organized is your best friend during a probate sale. You’ll be handling a lot of paperwork, and having everything in order will prevent unnecessary delays. Key documents you’ll need include the court order granting you permission to sell (often called the “Order Confirming Sale”), the official property appraisal, and any listing agreements with a real estate agent. You will also need to provide formal notification to all beneficiaries and creditors of the estate, letting them know about the intended sale. Keeping these documents in a dedicated file will make it easier to provide them when requested by the court, attorneys, or potential buyers. Our team can help you manage these details through our Estate Solutions.
Notifying Creditors and Heirs
A critical part of your role as a personal representative is to be transparent with everyone involved. This means formally notifying all known creditors and heirs about the probate proceedings. You are legally required to file an inventory of the estate’s assets with the probate court, which includes the house. From there, you must send notices to anyone who has a potential claim to the estate, including mortgage lenders, credit card companies, and family members. This ensures that everyone has a chance to make a claim and that all debts are addressed before the sale proceeds are distributed. If you need help with these communications, consider connecting with legal support through our attorney information page.
How Personal Representatives Get Paid
It’s natural to wonder if you’ll be compensated for the significant time and effort involved in managing an estate. The short answer is yes. In Arkansas, executor fees are determined by the court and are typically calculated as a percentage of the estate’s total value. This payment is meant to cover your work in managing assets, communicating with heirs, and handling the sale. It’s also important to know that you are not expected to pay for estate expenses out of your own pocket. Costs like court filing fees, appraisal fees, and probate bonds are considered administrative expenses and are paid directly from the estate’s funds. If you have specific questions about your situation, feel free to contact us.
Your Step-by-Step Guide to Selling the Property
Selling a property during probate involves more than just a typical real estate transaction. It’s a process overseen by the court to ensure everything is handled fairly for creditors and heirs. It might sound intimidating, but think of it as a clear roadmap with specific stops you need to make. As the personal representative, your job is to follow that map. From getting the property valued to handing over the keys, each step is designed to protect the estate and everyone involved. Let’s walk through the process together, so you know exactly what to expect at every turn. If you ever feel overwhelmed, remember that professional estate solutions are available to guide you.
Assess and Value the Property
Before you can even think about listing the home, you need to know its official value. This isn’t a step you can skip or estimate. The probate court requires a formal appraisal from a state-certified appraiser. This appraisal establishes the property’s fair market value, which becomes the baseline for the sale. It’s a crucial step that ensures you’re fulfilling your legal duty to the estate. The value determined by the appraiser will guide your pricing strategy and demonstrate to the court that you are acting in the best interest of the beneficiaries.
Set the Right Sale Price
With the official appraisal in hand, you can now determine a listing price. While the appraisal gives you a solid foundation, setting the final price often benefits from the expertise of a real estate agent who understands the local market. They can analyze current trends and comparable sales to help you land on a competitive price that will attract serious buyers. The goal is to find that sweet spot: a price that honors the property’s value without letting it sit on the market for too long.
Market the Property Effectively
Once you have a price, it’s time to let people know the property is for sale. An experienced real estate agent, especially one familiar with probate sales, will know how to market the home effectively. This includes professional photography, online listings, and reaching out to their network. It’s also worth noting that probate properties often attract cash buyers and investors who are prepared for the specific requirements of a court-supervised sale. Working with an immediate cash buyer can often make the process faster and simpler, which is an option we can help you explore.
Handle Offers and Negotiations
As offers start coming in, your role is to review them carefully. In a probate sale, buyers typically submit their offer with a 10% deposit. You’ll work with your real estate agent to evaluate each offer, but the final decision isn’t solely up to you. All offers must be presented to the court for review. The court’s priority is to ensure the estate gets the best possible outcome, so it will approve the offer that best serves the interests of the estate and its beneficiaries.
Confirm the Sale with the Court
After an offer is accepted, it must be officially confirmed by the probate court. This is a key step that makes the sale legally binding. Your attorney will file a petition with the court to approve the sale, and a court date will be set. At this hearing, other potential buyers can sometimes show up to overbid, which is why it’s important to follow the process correctly. Once the court confirms the sale, you can move forward with the confidence that you have its official approval.
Close the Sale
With the court’s confirmation, you’re on the home stretch. The court will issue the official documents—often called “Letters of Administration” or “Letters of Testamentary”—that grant you the legal authority to finalize the transaction. You’ll use these documents to sign the closing papers and officially transfer the property to the new owner. After closing, the proceeds go directly to the estate, ready to be used to pay off any debts and eventually be distributed to the heirs. For more definitions of legal terms, you can always check a probate glossary.
Manage the Estate’s Finances and Taxes
As the personal representative, you’re not just selling a property; you’re managing a small business for a short time. Your role is to handle the estate’s finances with care, ensuring all bills are paid, taxes are filed, and every dollar is accounted for. This responsibility is central to the probate process and ensures that everything is handled correctly before any assets are distributed to the heirs. It might sound intimidating, but breaking it down into smaller steps makes it much more manageable.
Think of yourself as the financial guardian of the estate. You’ll open a bank account specifically for the estate, deposit funds from the sale, and use that account to pay for all related expenses. Keeping meticulous records is key—every transaction needs to be documented. This financial oversight protects you, the estate, and the beneficiaries. From covering the home’s utility bills to paying final taxes, your careful management ensures a smooth and transparent process for everyone involved.
Covering Property Maintenance Costs
One of the first financial questions that comes up is how to pay for the property’s upkeep. All maintenance costs, from lawn care to utility bills, are paid from the estate’s funds. This is why most probate properties are sold “as-is.” Making major repairs can be expensive, and the money would come directly out of the funds that would otherwise go to the heirs. Plus, getting all beneficiaries to agree on which repairs to make—and how much to spend—can be a challenge in itself. Selling as-is simplifies the process and helps you find estate solutions that work for everyone without draining the estate’s resources.
Paying Court Costs and Filing Fees
The probate process itself comes with a set of administrative costs that you’ll need to cover using the estate’s money. These expenses are paid before any heirs receive their inheritance. Common costs include court filing fees, which can vary depending on the size of the estate, and the cost of formally notifying heirs and creditors about the probate proceedings. Your own fee as the executor, which is set by the court, is also paid from the estate. Keeping track of these expenses is essential, and you can find answers to many common questions in our probate FAQ.
Understand the Tax Implications
Taxes are a critical part of managing the estate’s finances. The good news is that Arkansas does not have a state-level estate tax. A federal estate tax may apply, but only if the estate’s value is very high. One thing to keep in mind is capital gains tax. If the property’s value increases between the time of the owner’s passing and the date you sell it, you may owe capital gains tax on that increase. Tax laws can be complex, so it’s often a good idea to consult with a professional. You can find helpful attorney information to connect with an expert who can guide you through the specifics.
Distribute the Sale Proceeds
After the property is sold and all the estate’s expenses have been paid, the final step is distributing the remaining funds to the beneficiaries. This is the moment everyone has been waiting for, but it can only happen after you’ve settled all debts, taxes, and administrative fees. The distribution must follow the instructions laid out in the will. If there is no will, the proceeds are divided according to Arkansas state law. Before you can write any checks, you’ll need to get final approval from the court, ensuring that you’ve met all your legal obligations as the personal representative.
Settle Outstanding Debts
Before any heir receives a penny, you must settle all of the deceased person’s outstanding debts. This is a non-negotiable part of your duties. You’ll need to identify all creditors—think mortgages, credit card bills, medical expenses, and personal loans—and pay them using the estate’s funds. This step is crucial for legally closing the estate. Properly settling debts protects the beneficiaries from future claims and ensures that you have fulfilled your fiduciary duty. If you feel overwhelmed by this process or are unsure where to start, don’t hesitate to contact us for support.
Solve Common Property Challenges
Selling a house is complicated enough, but when it’s part of an estate, you’re often dealing with extra layers of complexity. From navigating family dynamics to sorting out old financial issues tied to the property, it’s easy to feel overwhelmed. These hurdles are a normal part of the probate process, but they can stall the sale if you’re not prepared. You might be trying to coordinate with multiple heirs who have different opinions, or you may uncover a lien you never knew existed.
The good news is that you don’t have to figure it all out on your own. Every challenge, whether it’s a legal snag or a physical issue with the house itself, has a solution. The key is to identify the problem early and know who to turn to for help. Whether you need to mediate a family disagreement, clear up a title issue, or simply want to sell the property quickly without making repairs, there are professionals and resources available. Our team specializes in providing clear estate solutions to help you move forward with confidence, ensuring you can settle the estate efficiently and fairly.
What to Do with Multiple Heirs
When a property is left to several heirs, one of the first steps is to establish open and clear communication. It’s crucial that everyone is on the same page about the plan for the house, whether it’s to sell it, rent it out, or have one person buy out the others. Disagreements over who is in charge or how to proceed can bring the entire probate process to a halt. To keep things moving, try to set up regular check-ins and document all decisions in writing. If you find it difficult to reach a consensus, bringing in a neutral third party can help facilitate a productive conversation and find common ground for everyone involved.
How to Handle Property Disputes
Even with the best intentions, disagreements among heirs can escalate into serious disputes. Conflicts often arise over the property’s sale price, how to manage upkeep costs, or the final distribution of the proceeds. When conversations are no longer productive, it’s wise to seek professional help. A mediator can help families find a mutually agreeable solution without the stress and expense of going to court. In more complex situations, getting legal counsel is the best way to understand everyone’s rights and responsibilities. You can find trusted local attorneys through our attorney information resources to ensure the process remains fair and legally sound.
Dealing with Mortgages and Liens
Before a probate property can be sold, you must address any outstanding debts attached to it. As the personal representative, it’s your job to identify and pay off any mortgages, home equity loans, or other liens against the property using funds from the estate. This step is critical for clearing the property’s title so it can be legally transferred to a new owner. If the estate doesn’t have enough cash to cover these debts, the proceeds from the sale of the house are typically used to pay them off. You can learn more about these terms in our probate FAQ to better understand the financial obligations involved.
Clearing Up Title Issues
A “clear title” is essential for any real estate transaction, and it means there are no claims or liens that could challenge the new owner’s legal ownership. During probate, it’s not uncommon to discover title issues, such as an old, unpaid lien, a boundary dispute with a neighbor, or even a clerical error on a past deed. A title company will conduct a thorough search to uncover any of these problems. If issues are found, they must be resolved before the sale can close. This process can be complex, but working with experienced professionals ensures that the title is cleared properly, protecting both the estate and the buyer.
Selling a Property in As-Is Condition
Many properties sold through probate are offered “as-is.” This means the estate sells the house in its current condition, without making any repairs or updates. This approach can be a huge relief for personal representatives, as it saves the estate time, money, and the hassle of managing renovations. Buyers, in turn, understand they are accepting the property with all its existing flaws. This is an ideal situation for cash buyers and investors who are prepared to handle any necessary work themselves. If you’re looking for a fast, straightforward sale, we can connect you with immediate cash buyers who specialize in purchasing as-is probate properties.
Build Your Professional Support Team
Selling a property during probate involves more than just a real estate transaction; it’s a legal process with specific rules and responsibilities. As the personal representative, you don’t have to handle it all on your own. Assembling a team of professionals who specialize in probate can make the process smoother, protect the estate from liability, and help you fulfill your duties correctly. Each expert plays a distinct role, from handling court paperwork to finding the right buyer.
Think of yourself as the project manager and these professionals as your trusted crew. A good probate attorney ensures you follow the law, a specialized real estate agent understands the market, an appraiser sets an accurate value, and a title company clears the way for a clean sale. For situations that require speed and simplicity, a cash buyer can be a valuable asset. At My Arkansas Probate, our Estate Solutions service can connect you with a network of vetted professionals, so you can build your team with confidence and get the support you need from day one.
Probate Attorneys
A probate attorney is your guide through the legal complexities of the estate settlement process. They help prepare and file necessary court documents, advise you on your responsibilities as a personal representative, and ensure every action complies with Arkansas law. While you aren’t always required to hire one, their expertise is invaluable, especially for complex estates with significant assets, debts, or potential disputes among heirs. They can help you interpret the will, notify creditors correctly, and manage the final distribution of assets. For additional learning, resources from the University of Arkansas Cooperative Extension Service offer education to help you better understand your duties. You can also find more attorney information to help you find the right legal partner for your situation.
Real Estate Agents
Not all real estate agents are equipped to handle a probate sale. You’ll want to work with someone who has specific experience in this area. A probate-savvy agent understands the unique timeline, paperwork, and court confirmation requirements involved. Having a real estate agent who specializes in probate on your side is one of the best ways to stay informed and on track. They know how to market the property effectively to attract the right buyers, manage negotiations within the legal framework, and coordinate with the attorney and other parties to keep the sale moving forward. Their expertise can prevent costly delays and ensure you meet all the court’s requirements for the sale.
Property Appraisers
Before you can list the property, you need to know its official value. In Arkansas probate, the personal representative must get a court-approved appraisal before putting the house on the market. An independent, state-licensed appraiser provides an unbiased and professional opinion of the property’s fair market value. This isn’t just for setting a list price; the appraisal establishes a formal valuation for the court, the heirs, and the IRS. It creates a transparent and defensible value for the estate’s assets, which is a critical step in fulfilling your fiduciary duty and ensuring all parties are treated fairly throughout the process.
Title Companies
A title company plays a crucial behind-the-scenes role in a probate sale. Their main job is to conduct a thorough title search to ensure the property has a “clear title.” This means they check for any outstanding mortgages, liens, judgments, or other claims against the property that could prevent a clean transfer of ownership. This step is especially important in probate, as unexpected claims can arise from creditors or previously unknown heirs. Once the title is cleared, the company issues a title insurance policy to protect the new buyer from future claims, and they typically manage the closing process, ensuring all documents are signed and funds are distributed correctly.
Cash Buyers and Investors
Sometimes, the best solution for the estate is a quick, straightforward sale. This is where cash buyers and investors come in. Yes, you can sell a house while it’s in probate in Arkansas, and a cash offer can simplify the process significantly. Cash buyers typically purchase properties “as-is,” meaning you won’t have to spend the estate’s time or money on repairs and updates. This route also eliminates the uncertainty of a buyer’s financing falling through, which can cause major delays. A cash sale provides certainty and speed, making it an excellent option for settling an estate efficiently. If you’re interested in a no-obligation cash offer, you can contact us directly.
Arkansas Probate Rules and Timelines
Arkansas Laws You Need to Know
When you’re handling an estate in Arkansas, you’ll need to follow a few key state laws designed to protect everyone involved. Before you can even list the house for sale, the court requires you to get a formal appraisal. This isn’t just a suggestion—it’s a mandatory step to establish the property’s fair market value. Once you receive an offer, the judge must approve the sale price to ensure it serves the best interests of the estate. Another crucial responsibility is formally notifying all beneficiaries and creditors about the probate proceedings. These rules ensure the process is transparent and that all claims against the estate are handled fairly, preventing future legal headaches for you and the heirs.
Factor in the Local Real Estate Market
Selling a probate property isn’t quite like a standard home sale, and the local market adds another layer to consider. Beyond setting the right price, you’ll be dealing with court approvals, which can affect your timeline. Arkansas is also a disclosure-optional state, which has its own implications for the sale. It’s common for inherited properties to come with challenges like title issues or questions about who is living in the home. Understanding these potential hurdles from the start is essential for a smooth sale. Working with a team that specializes in probate property can help you anticipate these issues and prepare a strategy that aligns with current market conditions.
Follow Regional Property Rules
One of your most important duties as a personal representative is to create and file a complete inventory of the estate’s assets with the probate court. This isn’t just a simple list; it needs to be a detailed and accurate account of everything the person owned, from real estate and bank accounts to personal belongings. This inventory is a foundational document for the entire probate process. It provides the court, heirs, and creditors with a clear picture of the estate’s value. Taking the time to do this correctly and thoroughly is critical, as any mistakes or omissions can cause significant delays and complications down the road.
What is the Typical Timeline?
It’s natural to wonder how long this will all take. In Arkansas, a straightforward probate process typically lasts between six and nine months. However, this is just an average. If the estate is particularly complex—for example, if there are disputes among heirs, significant debts, or hard-to-value assets—it can certainly take longer. Being prepared for potential delays is wise. The best way to keep things moving is to stay organized, meet all your legal deadlines, and communicate clearly with all parties involved. If your goal is to expedite the process, especially the property sale, exploring options like selling to a cash buyer can significantly shorten your timeline.
Find the Right Resources and Support
Going through probate can feel like you’ve been handed a massive project with no instructions. You’re not just managing paperwork; you’re handling a loved one’s legacy during a difficult time. The good news is, you don’t have to figure it all out on your own. A wealth of resources and professional support systems are available to guide you through each step, ensuring you make informed decisions and meet all your legal obligations without the added stress. It’s completely normal to feel overwhelmed by the legal requirements, financial details, and emotional weight of it all.
From simple checklists that keep you on track to legal experts who can handle the complex details, building a support network is one of the most important things you can do as a personal representative. Knowing where to turn for answers can make the difference between a smooth, efficient process and one filled with costly delays and frustration. Whether you need help understanding legal terms, preparing documents, or managing the sale of a property, the right support is out there. This section will walk you through the key resources available to you in Arkansas, so you can feel confident and in control.
Helpful Guides and Checklists
When you’re facing a process as detailed as probate, a simple checklist can be your best friend. It helps you track your responsibilities and ensures nothing falls through the cracks. Selling a probate property in Arkansas comes with its own unique set of hurdles, including getting court approvals, dealing with disclosure laws, and clearing up potential title issues. A comprehensive guide can walk you through these specific challenges, helping you avoid common mistakes that sellers often overlook. Think of it as a roadmap that keeps you moving in the right direction and prevents you from getting lost in the details.
Where to Find Legal Guidance
While guides are helpful, they are no substitute for professional legal advice. Probate is a formal legal process, and it’s wise to have an expert in your corner. Arkansas law has specific rules for how personal representatives must notify beneficiaries and creditors of the estate. An experienced probate attorney will make sure you follow every statute correctly, protecting you and the estate from potential legal trouble. They can answer your questions, prepare legal documents, and represent the estate in court. We can connect you with trusted local attorneys through our attorney information services.
Key Document Templates
The probate process involves a significant amount of paperwork. You’ll be working with petitions, notices, inventories, and accountings. While you can find templates for some of these, it’s crucial to understand their purpose and how to fill them out correctly. For example, before you can even list a house for sale in Arkansas, the estate must get a court-approved appraisal. Understanding which documents are required and when they’re due is essential. Our Probate FAQ can help you get familiar with the key terms and documents you’ll encounter along the way.
Connect with Professional Support
You are the personal representative, but you don’t have to be a one-person team. Connecting with the right professionals can make the entire process faster and easier. This includes real estate agents who specialize in probate, appraisers, and title companies. At My Arkansas Probate, we are here to be your central resource. We provide a range of estate solutions designed to help you with real estate matters and connect you with the support you need. Whether you need a cash offer for a quick sale or guidance on maximizing a property’s value, we can help you achieve the best possible outcome.
Related Articles
- How to Sell Inherited Property in Arkansas
- Selling Inherited Property in Arkansas: Your Step-by-Step Guide
- How to Sell Probate Property in Arkansas: A Simple Guide
Frequently Asked Questions
Do I have to make repairs to the house before I sell it? This is a very common question, and the short answer is usually no. Most properties in probate are sold “as-is,” which means you sell the house in its current condition without making any repairs or updates. This approach saves the estate significant time and money and avoids the difficulty of getting all the heirs to agree on renovations. It’s an especially practical route if you’re working with a cash buyer, as they are prepared to handle any necessary work themselves after the purchase.
What if the estate has no money for upfront costs like the appraisal or court fees? It’s a valid concern, but you are not expected to pay for these expenses out of your own pocket. All legitimate costs associated with the probate process—including court filing fees, the required property appraisal, and even your own executor fee—are considered administrative expenses. These are paid directly from the estate’s funds, typically from the proceeds of the property sale once it closes.
Can we sell the house for a lower price to a family member who wants to keep it? While it’s understandable to want to keep a property in the family, your primary legal duty as a personal representative is to act in the best financial interest of the entire estate. This means you are required to sell the house for a fair market value. Selling it for a discounted price to one heir would be unfair to the other beneficiaries and any creditors. The sale must be approved by the court, which will ensure the price is fair to everyone involved.
How is my role as a personal representative different from just being a regular home seller? Think of yourself as a project manager who is accountable to the court, not just a seller trying to get the best deal. Unlike a standard sale, every major decision you make, from the listing price to the final accepted offer, requires court oversight and approval. You have a legal “fiduciary duty” to manage the process transparently and protect the interests of all heirs and creditors, which involves specific legal steps, notifications, and documentation that aren’t part of a typical real estate transaction.
What happens if the heirs don’t agree on selling the property? Disagreements among heirs are one of the most common hurdles in probate, but they don’t have to derail the entire process. The first step is to establish clear and open communication. If you still can’t reach a consensus, it may be time to bring in a neutral third party, like a mediator or a probate attorney. They can help facilitate a productive conversation and explain the legal realities, guiding everyone toward a solution that honors the deceased’s wishes and follows the law.