Dealing with the death of a loved one is never easy, and inheriting their property often brings emotional and legal challenges. One of the biggest questions families face during this time is:
“Can a house be sold while in probate in Wilmington, Delaware?”
The short answer is yes, it can—if the right steps are followed.
At First Care Homes, we specialize in buying inherited and probate houses across Wilmington and surrounding areas. If you’re looking for a fast, hassle-free sale during the probate process, you can get started here. Below is a complete guide to help you understand how to legally and successfully sell a home that is currently in probate.
What Is Probate and Why Does It Matter?
Probate is the legal process through which a deceased person’s assets—including real estate—are distributed to their heirs or beneficiaries. This often involves validating the will (if there is one), settling debts and taxes, and transferring ownership of property under the supervision of the probate court.
This process must be followed before a home can be sold legally. While it may seem overwhelming, following the correct legal path can lead to a smooth transaction—especially if you choose to work with experienced probate home buyers like First Care Homes.
How to Sell a House in Probate in Wilmington
Here are the critical steps you’ll need to follow if you’re looking to sell a home that is currently in probate in Delaware.
1. Get the Property Appraised
The first step in selling a probate property is obtaining a certified appraisal. The court will require this to determine the fair market value of the home. You can hire a licensed real estate appraiser or work with your probate attorney to find one.
We often buy houses that have already gone through the appraisal process. If you’re unsure what your inherited home is worth, reach out for a no-obligation offer.
2. File a Petition with the Probate Court
Once the property has been appraised, the executor (or personal representative) must file a petition with the probate court to request permission to sell the property.
The petition must include:
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The intent to sell
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The appraised value
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Terms of sale (cash, financing, as-is, etc.)
Only after court approval can the sale move forward. This is why selling to a direct buyer like First Care Homes—who understands the probate process—can make the experience faster and easier.
3. List or Market the Property for Sale
Once you’ve received the green light from the court, the property can be listed on the market—or you can sell it off-market to a professional cash buyer.
If you’re choosing the traditional route:
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Disclose that the property is in probate
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Make potential buyers aware that the sale is subject to court approval
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Be prepared for a longer timeline and multiple showings
If you’d rather avoid the hassle and sell as-is for cash, click here to request an offer.
4. Seek Court Confirmation of the Sale
After accepting an offer, the court must confirm the sale. A court hearing is scheduled (typically within 30–45 days), and notice must be given to all heirs and interested parties.
At the hearing:
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Other buyers can appear and make higher bids (this is called overbidding)
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The best offer is chosen
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A 10% deposit is typically required from the winning bidder
Our team at First Care Homes is fully prepared for court confirmation sales and will work with your attorney or probate representative to handle the legal steps.
5. Publish a Notice in the Local Newspaper
In Wilmington, it’s common practice to publish a notice of sale in a local newspaper. This alerts the public that the property is being sold in probate and allows interested parties to make competitive bids during the court hearing.
This requirement helps ensure transparency and can even raise the sale price—but it also adds complexity. If you prefer to skip public showings and paperwork, we’ll buy your house privately and directly.
6. Attend the Court Hearing and Finalize the Sale
At the hearing:
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The judge will review the sale details
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All parties (heirs, buyers, attorneys) may attend
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If no overbidders show up, the original buyer is approved
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If a new buyer wins, the prior deposit is refunded
After court confirmation, the sale proceeds to closing. Funds are distributed to heirs, and ownership is officially transferred.
Why Sell a Probate House to First Care Homes?
Selling a house during probate can be time-consuming, stressful, and legally complicated. At First Care Homes, we specialize in helping families in Wilmington navigate the probate process quickly and easily. Here’s why heirs choose us:
✅ We buy as-is—no repairs, cleaning, or showings
✅ We handle all legal paperwork related to probate sales
✅ We pay all closing costs—no agent commissions
✅ We can close fast or on your timeline
✅ Get a no-obligation offer today
Whether your inherited house is in perfect shape or needs major repairs, we’re here to make the process simple and respectful.
Ready to Sell Your House in Probate in Wilmington?
If you’re going through probate and want to sell the home you inherited, First Care Homes can help. We’ve assisted many families just like yours—buying probate houses in Delaware with compassion and speed.
📞 Call us at (302) 789-7355
📍 Or fill out this short form to get started.