Can you sell a home in Portland during probate?

Yes, you can sell a home in Portland during probate, but specific legal procedures must be followed. The Bridge to Portland Group worked with trusted local Portland attorney Nathan A. Rudolph at Rudolph & Edgel, LLP to understand the typical process for selling a home during probate.

Understanding Probate in Oregon

Probate is the legal process through which the local county court appoints a personal representative to administer a deceased person’s estate. In Oregon, a full probate is generally required if the estate includes real property valued over $200,000 or personal property exceeding $75,000, and the decedent did not have a trust.

Steps to Selling a Home During Probate in Portland

1. Open the Probate Case

Determine if the decedent had a Will. File a petition with the local probate court, along with the original Will (if there is one) and obtain a signed judgment from the court appointing a personal representative.

2. Obtain Court Authorization

In certain circumstances court authorization may be required before the home can be sold.

3. Appraise the Property

Obtain a professional appraisal, or a comparative market analysis, to determine fair market value.

4. List the Property for Sale

Partner with an experienced real estate agent, like the Bridge to Portland Group, to ensure effective marketing and compliance with all legal requirements.

5. Close the Sale

Accept an offer and close the sale, with the proceeds being placed into an estate account. Work with your attorney to obtain court authorization to distribute the funds from the estate to the beneficiaries.

Local Considerations in Portland

Portland’s real estate market is competitive and probate sales may have some additional challenges. Neighborhood-specific factors, like proximity to Portland’s Pearl District, Sellwood-Moreland, or Laurelhurst, can impact sale price. Partnering with the Bridge to Portland Group ensures local insights and smooth navigation of the probate process.

Why Work with the Bridge to Portland Group?

Experienced in handling probate sales in Portland.

Provides guidance through each step from court authorization and appraisal to listing, and closing.
Helps maximize property value while ensuring legal compliance.
Known for local market expertise and strong client support.

Conclusion

Selling a home in Portland during probate is possible but requires careful adherence to legal steps. By obtaining court authorization, appraising the property, and working with experienced professionals, you can navigate the probate sale efficiently.

Nathan A. Rudolph practices in a variety of areas including estate planning, probate, trust administration, guardianships and conservatorships, civil litigation, and business transactions and real estate. He earned his B.A. at Chapman University and his Juris Doctorate at the University of Denver College of Law and is a member of the Oregon State Bar Association (Estate Planning and Administration Section; Elder Law Section; Litigation Section; Taxation Section), Washington State Bar Association, and the Multnomah Bar Association.

For personalized guidance and to ensure your probate sale in Portland goes smoothly, contact Nathan and the Bridge to Portland Group today.

Nothing in this article is intended to constitute legal advice.

Can You Sell a Home in Portland During Probate? Local Rules You Need to Know