Sell an Inherited House Before Probate

If you need to sell an inherited house before probate, understanding Oregon’s rules is critical. In some situations, heirs can sell inherited property before probate begins, while in others the court must first appoint a Personal Representative.

Can You Sell an Inherited Home Before Probate in Oregon?

In Oregon, you may be able to sell an inherited home before probate if ownership transfers automatically through a living trust, joint tenancy, or a transfer-on-death deed. When probate is required, the property generally cannot be sold until a Personal Representative has legal authority.

When Probate Is Required Before Selling an Inherited House

If probate is required, the court oversees the sale process to protect heirs and creditors. Once a Personal Representative is appointed, it is often possible to sell the inherited house during probate with proper approval.

Should You Sell an Inherited House Before or During Probate?

Every estate is different. Some families benefit from selling a home prior to probate beginning, while others need to complete probate first. Understanding your timeline and legal obligations early can help avoid delays and costly mistakes.

Can You Close on a Home Before Probate Is Complete?

In many Oregon cases, it is possible to close on an inherited home before probate is fully complete. While the exact process depends on court approval and attorney guidance, sales can often move forward with closing funds held in escrow until probate requirements are satisfied. This approach can help heirs avoid delays while still ensuring the estate is handled properly.

Get Help Selling an Inherited House in Oregon

For a complete overview of your options, start with our guide on
selling an inherited house in Oregon.
You may also find it helpful to review the
Oregon probate real estate process
before making decisions.

<p>Families often assume they must wait until probate is complete before taking any action, but that isn’t always the case. Knowing whether a property qualifies for a non-probate transfer can save time and prevent unnecessary delays. Even when probate is required, planning early allows heirs to prepare the home, understand court timelines, and make informed decisions about the best time to sell.</p>

<p>You can also review general probate requirements through the
<a href=”https://www.courts.oregon.gov/forms/Pages/probate.aspx” target=”_blank” rel=”noopener”>
Oregon Judicial Department
</a>.
</p>