If your loved one passed away, and you need to sell their real estate property, you may need to undergo special proceedings to complete this. Read on to learn about special proceedings for the sale of real estate property, and contact a Raleigh estate planning lawyer at Thomas Walters if you have any questions. The petition process can be challenging and at times confusing, so we advise anyone in this situation to work with a lawyer from the very beginning.
Do I Need Permission To Sell Real Property?
If you are an executor of an estate in North Carolina, you will need to be given legal permission to sell real property. At Thomas Walters, we know this can be intimidating, so we help our clients with difficult steps like these. There are many different ways in which real estate executors can be granted permission to sell real property. In order to know if you need special permission to sell real estate property, schedule a free consultation with an estate planning lawyer in Raleigh as soon as you can.
How Can I Get Permission To Sell Real Property?
If you schedule a consultation with an estate planning lawyer, you may discover that you need special permission to sell this property. One of the many ways in which you can get this permission to sell real property is if your deceased loved one created a will prior to their passing. In this will, it will be required that the executor is able to sell the property without the court getting involved. We understand that this is not always the case, and that some people pass away without ever including this important cause in their will or in another part of their estate plan, but this is always the best first option.
If your loved one did not have permission written into their will, another way you can be granted permission to sell real property is to petition. This process is referred to as a special proceeding in most cases. You are allowed to petition the court to permit the sale of the real property so that you can create funds to settle debts and claims that are part of the estate.
What Are Special Proceedings For The Sale Of Real Estate Property?
If you are facing this situation, it will be more simple to navigate these challenges with the help of a trusted North Carolina estate planning attorney. In order to begin the many steps of this petition and proceedings, you must first file the petition with a court clerk in the county where the property is. The petition should contain a description of the property and information about the heirs and your deceased loved ones. Make sure to discuss this part with a lawyer so you don’t forget any crucial documents.
Next, you will need to schedule a hearing to get the petition approved. If it can be determined that the amount of debt exceeds the number of assets, the court clerk may call for the property to be sold.
This process can be daunting for some, and it can be difficult to understand all of the nuances and important steps all on your own. Some people attempt to handle all of these important proceedings on their own, without the help of a lawyer, but that can be unwise. The best course of action is to hire an estate planning lawyer in Raleigh who knows the ins and outs of this process, and who can advise you regarding all the right moves you should make to maximize your outcomes. At Thomas Walters, we will guide you through every step.
Schedule A Free Estate Planning Consultation With A Trusted Raleigh Estate Planning Lawyer Today
At Thomas Walters, every member of our Raleigh estate planning law firm takes great pride in offering comprehensive estate planning services to meet all our client’s unique needs. Our experienced Raleigh estate planning lawyers will represent you and your family as you settle your loved one’s estate, and guide you through the process every step of the way so that your best interests are taken care of at all times.
If you need help with special proceedings for the sale of real estate property, let our trusted Raleigh attorneys help you create an effective plan. No matter what aspect of estate planning you need help with, our law firm will ensure your family and assets are protected no matter what happens next.
Schedule a free consultation with Thomas Walters estate planning lawyers today.