Probate FAQs

Navigating probate in Milwaukee and surrounding areas can be overwhelming and emotional, but you don’t have to go through it alone. Our experienced team is here to provide expert guidance, ensuring your needs are met every step of the way. From property valuation and strategic marketing to managing transactions and working closely with attorneys and executors, we handle the details so you can focus on what matters most.

For more information and answers to common probate-related questions, review our Probate FAQs below.

  • Probate is the legal process of settling a deceased person's estate, including distributing assets under court supervision.

  • Yes, a house can be sold during probate, but it typically requires court approval and must follow specific legal procedures.

  • Only designated individuals can sell a probate property, including:

    • The executor named in the will and recognized by the court

    • An administrator appointed by the court if there is no will

    • The probate court itself in certain instances

    • Heirs, after the probate process is completed

  • The process can vary, but a formal probate sale often takes six months or longer. Some states require the process to be completed within 18 months.

    1. Appointing an executor or administrator

    2. Getting the property appraised

    3. Petitioning the court for permission to sell

    4. Listing the property for sale

    5. Reviewing offers

    6. Obtaining court confirmation of the sale

  • Not always. In some cases, if the will specifies that the executor has the authority to deal with the property, court approval may not be necessary. However, this can vary by state.

  • An appraisal is typically required to determine the property's value. The probate court often requires that the sale price reaches at least 90% of the appraised amount.

  • Buyers should be aware that the sale is subject to court approval and that there may be a longer timeline compared to traditional real estate transactions.

  • In some specific scenarios, such as when the house title has a joint tenancy clause with a surviving spouse, the property may not need to go through probate before being sold.