Selling Property During Probate in Brooklyn

March 28, 2024

Selling Property During Probate in Brooklyn

Dealing with the probate process can be overwhelming, especially when it comes to selling property. If you are a Brooklyn resident facing this situation, you may be wondering whether it is possible to sell property during probate and what steps you need to take. At Jack Weissman, Attorney at Law, we have extensive experience assisting the Brooklyn public with probate matters, including selling property. In this blog post, we will provide you with valuable information on how to navigate the process of selling property during probate.


Probate is the legal process of administering a deceased person's estate, including distributing their assets according to their will or state law. When it comes to selling property during probate, there are certain steps that need to be followed. Firstly, it is important to determine whether the deceased owned the property solely or jointly. If the deceased owned the property solely, then it will need to go through probate before it can be sold. However, if the property was jointly owned with rights of survivorship, then it will pass directly to the surviving owner and does not need to go through probate.


Not every type of property can be sold during probate. For example, some states have homestead laws that protect a certain amount of equity in a primary residence from creditors. Additionally, certain types of assets like retirement accounts and life insurance policies typically pass outside of probate and do not need to be sold as part of the probate process. It is important to consult with an experienced attorney like Jack Weissman who can guide you through which assets can be sold during probate and which ones are exempt.


When it comes to selling property during probate in Brooklyn, there are specific requirements that must be met. For example, a petition for sale must be filed with the court requesting permission to sell the property. Additionally, notice of the sale must be given to interested parties such as heirs and creditors. The sale must also be conducted in an open and transparent manner to ensure that fair market value is obtained for the property.


At Jack Weissman Attorney at Law we can assist you throughout the entire process of selling property during probate in Brooklyn. Our team has extensive knowledge and experience in handling these matters and can help ensure that everything is done correctly and efficiently. We understand that dealing with legal issues after losing a loved one can be difficult, which is why we are here to provide you with compassionate support and expert guidance every step of the way.


Selling property during probate in Brooklyn can be a complex process that requires careful attention to detail and adherence to specific legal requirements. With the assistance of an experienced attorney like Jack Weissman Attorney at Law, you can navigate this process smoothly and efficiently. Whether you are looking to sell a home or other real estate as part of a loved one's estate, our team is here to help you every step of the way. Contact us today for personalized guidance on your probate matter and let us handle all your legal needs with professionalism and compassion.

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