The answer to the often-asked question “Can a house be sold while it is in probate in Metro Detroit MI?” is “Yes.”
Selling a home in probate can feel overwhelming, but with the right understanding of the process—and a team that knows how to navigate it—you can make it smoother for everyone involved. While probate sales have unique requirements, they can be completed successfully if you follow the steps outlined by the court.
1. Appointment of Administrator/Executor
If the decedent left a will and named an executor, the probate court will formally appoint that person to manage the estate.
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Example: If the will names a son or daughter as executor, the court will usually confirm that person in the role as long as they’re willing to serve.
If no executor is named, the court will appoint an administrator—usually a close relative—to fulfill the same duties.
2. Appraisal
Before selling, the property must be appraised by a licensed, reputable appraiser.
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Why It Matters: Probate rules require the sale price to be at least 90% of the appraised value.
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Example: If the appraised value is $200,000, the sale must be at least $180,000. Choosing the right appraiser ensures you meet court requirements without undervaluing the property.
3. Listing and Offer Process
Once the appraisal is complete, your real estate agent will list the property on the Multiple Listing Service (MLS) so buyers know it’s a probate sale.
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A buyer may submit an offer with a 10% deposit.
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The executor can accept or reject the offer, but acceptance is always subject to court confirmation.
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Your probate attorney will submit the offer to the court, and if all parties agree, a court date will be set to finalize the sale.
4. Notifying Heirs
After an offer is accepted, the executor must send a Notice of Proposed Action to all heirs.
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Heirs have 15 days to review the sale terms and raise objections.
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If there are no objections, the sale can proceed without another hearing.
5. Overbidding in Court
At the court confirmation hearing, the judge will ask if anyone wishes to submit a higher bid (an “overbid”).
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Example: If another buyer offers more than the original bidder, the first buyer’s deposit is refunded, and the property is sold to the higher bidder—who must also submit a 10% cashier’s check deposit.
6. Closing the Sale
Once the court approves the sale, a specialized, contingency-free contract is signed.
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Escrow typically closes within 15 days after court approval.
Important Reminder
Probate sales in Michigan must follow state and local laws carefully. The probate court will oversee and approve every step of the process, and the executor must ensure all rules are followed. It’s highly recommended to work with both a probate attorney and an experienced agent who understands this type of transaction.
Need a Faster, Hassle-Free Option?
If you’re dealing with a probate property in Roseville, Dearborn, Warren, Inkster, Pontiac, or any surrounding Metro Detroit city, 3D Property Solutions can help you explore alternatives. We buy homes as-is, for cash, and with no repairs or cleanouts required—often closing much faster than the traditional court-supervised process allows.
We’ll walk you through your options, work within the probate guidelines, and make you a fair cash offer that eliminates stress and uncertainty.