Can You Sell a House Without Probate in Nebraska?

March 30, 2017 • Owen

In this article, I will explain everything you need to know about selling a house without probate. We will also look at how probate works, how you can sell a house before and without probate and how Affidavit of Heirship, Small Estate Affidavit and Judicial Determination of Heirship work.

But, first thing’s first.

What is a probate?

First, let’s look at what a probate sale means.

The dictionary identifies several meanings of the word probate, however, in our case, it’s a method of administrating a property after you die.

House with a lot of windows. Can You Sell a House Without Probate?Probate is used to transfer your property in an orderly matter.

Is selling a house without probate possible?

Yes. Your will determines the transfer of your estate during a probate. If you don’t have a will, the transfer is decided by the laws of your state – and that’s when you are able to avoid probate. In this article, I define 7 ways you can avoid probate and sell your house fast.

Beautiful view of clouds and houses.

How does a probate work?

N. Brian Caverly and Jordan S. Simon defined four processes to a probate:

  • Swearing in your personal representative
  • The public and heirs are notified you are dead
  • Your property goes through inventory
  • Your estate is distributed

So how can I get away with selling a house without probate?

Selling a house without probate is a lot easier than you think.

A real estate agent might often tell you that your house cannot be sold unless it’s probated. They are WRONG.

Selling a house without probate is possible and it is, in fact, very common.

Houses with a lake and a forest

SFgate identifies four ways of selling a house without probate:

Trusts

If you’re lucky enough and the decedent placed his property in a living trust, you will avoid probate. If you are named as a trustee, you are able to sell the house without probate court approval.

Jointly Held Real Estate

In California, joint tenancy is free of probate. If you are the executor and the co-owner of the property, you are also free of probate and have full authority after solo ownership.

Independent Administration of Estates Act

Independent Administration of Estates Act doesn’t really avoid probate, at least not completely. Instead, you are able to avoid probate under specific circumstances. 90% rule applies – as the executor, you can sell the house for at least 90% of its value. However, you must give notice to those interested in the property and get an approval from the court. This is bypassed if the deceased clearly states that you are solely responsible for the property after his or hers death.

Summary Probate

Properties of a smaller or limited value can be appraised and filed for a smaller affidavit instead. Depending on the state, these values may differ.

house on wooden background

Do you live in Nebraska?

Here are three more ways you can sell a house without probate in Nebraska.

Affidavit of Heirship, Small Estate Affidavit and Judicial Determination of Heirship

Affidavit of Heirship

You can use Affidavit of Heirship when your loved one died and didn’t leave a will, however, you are still left with a property.

In the case of no will, the probate is not needed. Just file the Affidavit of Heirship and sell your house FAST.

The Affidavit of Heirship requires two witnesses who must swear under Oath. The two witnesses must:

  • State they knew the deceased
  • The date and place of death of the deceased
  • The relations to the deceased
  • A statement of the deceased’s debts
  • A statement that they will not gain financially from the property.

Small Estate Affidavit

The Small Estate Affidavit is filed in the same country in which the Decedent resided during the time of their death.

Along with the same information as was stated in the Affidavit of Heirship, the witness must also provide signatures of all heirs and two objective witnesses.

Please note that this option will only avoid probate if the property value is less than $50,000.

Judicial Determination of Heirship

If the deceased hasn’t left a will, Judicial Determination of Heirship can also be applied. In this case, the court acts in charge and determines the heirs, which can often resolve in a distribution of the property among these heirs.

Out of the three options, the Judicial Determination of Heirship is the most time-consuming and the most expensive. You will have to file an application with the Probate Court, the Court will appoint an attorney who will investigate the identity of the heirs and schedule a hearing once the procedure was done.

When someone dies without leaving a Will, the Court can conduct a formal Determination of Heirship. During this process, the Court will make a formal declaration as to the identity of the Decedent’s heirs. Pursuant to that declaration of the heirs, the Decedent’s property can be divided and distributed among the heirs.

Ready to sell?

Red Ladder Property Solutions, located in Omaha, will give you a cash offer on your property in less than 24 hours of making a request. As a bonus point, your property can be sold in less than a week.

We buy houses in the Omaha area. If you need to sell your Omaha area house fast and would like to get a no-obligation cash offer, call us now at 402-578-4003. Whether you decide to sell your house to us or not, Red Ladder Property Solutions would like to help answer questions you might have about the process.

Categories: Inherited House

I Need to Sell My House, What Should I Do?

March 23, 2017 • Owen

“Help! I need to sell my house!”

It happens all the time. People have situations that leaves them saying “I need to sell my house NOW!”

There are many reasons a homeowner may be looking to sell this year. Job relocation, family transplanting, or property downsizing are all common factors when considering to sell. With 2016’s healthy housing market and continual recession recovery, capitalizing on a seller’s market is a smart, financially sound decision many homeowners are making. But many sellers wonder where to even start. How do I let go of my property when I need to sell my house fast?

stressed because i need to sell my house

When you’re thinking ‘I need to sell my house fast’, homeowners may believe diving right in will save them time and money. If selling as soon as possible is a priority, knowing the overall selling process and the few considerations involved will be invaluable information that will shorten your property’s time on the market. Before initiating the selling process, homeowners should consider these simple steps to ensure their home is sold as quickly and efficiently as possible.

How Much Do You Owe?

Knowing as much about your property as possible is a great place to start your selling process. How much square feet are you working with? How old is the property and has it appreciated during the years you’ve owned it? Are there any major repairs or updates needed that might impede a sell? The answers to these and multiple other questions will not only help you sell your home to potential buyers but also give you a general estimation on how much to price it.

One of the most important questions homeowners must answer, however, is about their preexisting mortgage. How much money is left on your loan? Unless you’re keeping hard copies of the mortgage bill each month – a highly recommended strategy for anyone with long lasting payment plans – you might not be able to recite the exact figure off the top of your head. Thankfully, homeowners can remedy this issue rather quickly.

Determining the principal amount owed on a home loan is simple. A short call to the mortgage lender can give you all types of information: last amount paid, interest rates, payment plan terms, and even the exact amount still owed. Why is this information pertinent to homeowners looking to sell? Unless a homeowner is gripped with an underwater mortgage, knowing how much you owe means knowing how much profit you’ll potentially make from selling your home. Homeowners can make a pretty penny if they sell their property for more than what they owe. The capital (gains) earned can be taxed dependent on state and the situation, but most homeowners earn at least a few thousand dollars at closing. This can help pay off commission and selling fees or used as a basis for a new property. The more a homeowner knows about their mortgage, the better off they’ll be when starting the selling process.

A Little Research Goes a Long Way

i need to sell my house research

Taking the time to research your property is one of the most important steps when looking to sell your home. Unless a homeowner knows what similar houses are selling for, how long they’re typically on the market, and if those homes are in better condition, homeowners looking to sell are at a serious disadvantage.

Put in the effort and do some quick research for a fair home estimate. Most homeowners don’t know what their property is actually worth without requiring the aid of a professional. Whether it’s an appraisal or using the aid of an inspection, homeowners can be clueless to the value of their house. Without hiring professionals that require tremendous fees, an hour online can provide a safe estimate on your house.

What are the best sources to use when I need to sell my house? Third party real estate sites can offer property information in a particular region without calling in the professionals. Utilizing sites like Zillow and Trulia, homeowners will be able to compare their home to others on the market that have similar upgrades. Knowing what comparable homes in the same shape sold for is essential when determining a selling price. These sites also give statistics on homes. These stats can show how long a particular property took to sell. When needing to sell fast, knowing a home’s timeline on the market is essential.

Selling with an Agent

i need to sell my house with an agent

After gathering all the information you can about your property, it’s time to sell. Many homeowners are convinced that hiring a real estate agent to sell their property is the smartest decision. But selling with an agent can leave you in the housing market limbo for months at a time. If I need to sell my house right now, I’ll avoid real estate companies and travel the For Sale By Owner (FSBO) route.

Selling with an agent has its perks. Agents typically pay for your home’s advertising, prep for open houses, and find potential buyers. But these perks come at a steep price some homeowners aren’t willing to pay. Keeping your home in peek condition is one sacrifice sellers must make when using an agent to sell their property. Unless your family is immaculate and your property is already in showroom condition, sprucing up a property to meet a realtor’s expectations can be both time consuming and costly.

Realtors aren’t cheap either. Although they offer services that some busy homeowners may be thinking “but I need to sell my house now”, and most property owners can do what an agent does at a fraction of the price. Advertising your home on sites or in the paper can be just as effective as paying a premium for a realtor. Homeowners can also orchestrate their own open houses to attract buyers. Setting your home and providing information via homemade brochures require little time or cost. If you find yourself thinking “I need to sell my house quickly“, forego the hired help and do it yourself.

Selling with Red Ladder Property Solutions

i need to sell my house fast

When I need to sell my house as quickly as possible, I seek out cash buyers. Not only do they offer fair prices on properties, home buyers provide the shortest timeline when selling. Forget three months on the housing market; how about three days? If you’re looking for a trustworthy cash buyer company with years of experience, consider Red Ladder Property Solutions.

Avoid the typical hassles when selling your home. Red Ladder Property Solutions can close within a week. Homeowners don’t need to make major repairs or updates to receive a fair cash offer; Red Ladder Property Solutions will buy any property fast. Instead of paying for the appraisals, inspections, surveys, and closing costs associated with hiring an agent, Red Ladder Property Solutions will buy your home without demanding out-of-pocket expenses. There’s no catch!

Capitalize on 2016’s healthy housing market by selling your property as soon as possible. If you want the best offer with the speediest time frame, consider Red Ladder Property Solutions. They provide the smoothest transition between selling and moving without paying a dime.

Categories: We Buy Houses

What is an Affidavit of Heirship?

March 16, 2017 • Owen

Wondering what is a Nebraska affidavit of heirship? In this article, I’ll explain what it means and how it’s used to sell an inherited house when a will does not exist. I will also provide you with several affidavit samples you can use to draft your form.

signing affidavit of heirship

What is a Nebraska affidavit of heirship?

A declaration and an identifier of the heirs of a deceased person. As simple as that. With an affidavit form, you are able to claim the ownership of a property as well as vehicles – in fact, it works for any personal property, regardless of its size or functions. Nebraska affidavit of heirship estates code  form is your ticket to selling a house FAST, without a will. Freedom is waiting for you!

When do you use it?

Let’s say a family member or your loved one has passed away and left no will. You think a personal property belongs to you, but how do you prove it? Nebraska affidavit of heirship estates code allows you to prove ownership without having to go through probate, as long as you are able to distribute the personal property between other possible heirs if such exist.

Here’s how the state of Texas deals with affidavit cases and what the witness must know before filling the form:

  • The deceased person’s name and his or hers date of death.
  • Family names and names of all heirs.
  • Any outstanding debts of the deceased.

Green door and a green window. What is an Affidavit of Heirship?

What goes in the affidavit of heirship form?

Here are some things you must include in your form. These things might be different depending on each state – please make sure you visit sites such as LegalMatch to get full information on your state’s laws.

SupremeCourtBC identifies 7 parts to the form:

  1. Style of proceeding
  2. Deponent’s statement (“deponent’ is the person making the affidavit)
  3. Knowledge statement
  4. Body of the affidavit (this is the most important part of the affidavit)
  5. The affidavit ending
  6. Exhibits
  7. Backing sheet

Yes, but what do they mean?

Let’s look at them closely.

Style of Proceedings

Style of proceedings is located on the first page of all legal documents. The first thing you absolutely have to do is state the business as well as the file number and court registry name.

The top right corner must include the affidavit number, deponent’s name and the date. You must also make sure to clearly swear under oath that you are telling the truth.

Deponent’s Statement

Deponent’s statement includes your name, full residence, occupancy (those who are retired or not working at the moment, must state that in the form as well) and your oath.

Knowledge Statement

As much as the term might sound confusing, the knowledge statement simply provides the judge of confirmation – you know what you’re talking about and acknowledge all information in this form. You must also state your business – are you the defendant, respondent, petitioner or plaintiff?

Body and ending of the affidavit

The body is the most important part of the entire form, however, it should be kept simple, organized and short. Your judge will be as equally impressed if you are able to express your needs in the simplest way and keeping it simple also means less work for you.

To keep your affidavit organized, stick to a chronological order – the judge will clearly see the timeline of events and will be able to make the decision easily.  Make sure you use a person’s name instead of using personal pronouns.

And, of course, keep it short. Having a long affidavit means the judge will take longer to process all necessary information – edit it down as much as possible, but still ensure everything needed has been said.

MY TIP: Speak to your lawyer. They will tell you what you should add in and give you sound personal advice that will work for you.

Exhibits

This is where your letters and important documents go. Your exhibits must be alphabetised instead of numbered – exhibit 1 becomes exhibit A, exhibit 2 becomes exhibit B, and so on. These letters are best to be put in the middle of the page. You must also include an exhibit stamp, which you can get at most law firms – do this after you see your lawyer.

Backing Sheet

Here’s what you must include in the backing sheet: the style of proceedings, the description of the document and your name, your address, email address, your phone number and your fax number, if applicable. Please note that a backing sheet is optional, however, it will help the court file your document and not lose it.

Vintage blue car in front of a house with a gate. What is an Affidavit of Heirship?

Do you have some samples of the affidavit of heirship form?

To make sure your form is effective, please refer to the steps above – I can guarantee these tips will help you when you’re dealing with selling an inherited house without an existing will.

Here is a sample extract, fully available on FormsBirds:

“I,   (INSERT NAME)  of lawful age, residing at   (INSERT RESIDENCY) , being first duly sworn, upon oath deposes and says: That affiant was personally well acquainted with the above-named decedent, during his (or her) lifetime, having known him (or her) for years, and that affiant bears the following relationship to said decedent, to-wit..”

There are different ways to write your form. Here is another sample extract, fully available on Vernon E. Faulconer, Inc.

(YOUR FULL NAME) , whose address is (INSERT RESIDENCY) hereinafter referred to as “Affiant,” being of lawful age and being duly sworn, upon oath deposes and says that (s)he was well acquainted with  (THE NAME OF THE DECEASED), hereinafter referred to as “the Decedent,” and that the answers and statements given in the following questionnaire are based upon (YOUR FULL NAME) personal knowledge and are true and correct:

Depending on where you live, Nebraska affidavit of heirship might require a waiting period, which can sometimes take up to a year after the death of your loved one. Please make sure you fully speak to your lawyer who can help you figure out what the laws of your Nebraska affidavit of heirship is.

Categories: Inherited House

We Buy Houses Fast in Omaha, NE

March 9, 2017 • Owen

You’ve probably seen ‘we buy houses fast’ signs in Omaha, NE, and wondered what they were about. Well… we buy houses fast in Omaha, NE and I’ll tell you why.

First of all, welcome to our blog. Here you’ll find plenty of helpful articles on real estate, ranging from buying and selling your house to renting out your property. We offer tips and advice to anyone interested in the real estate business.

we buy houses fast

I need to sell my house fast!

You came to the right place.

In this article, I’ll discuss the importance of our house buying business and why you should consider a cash house buyer instead of going through the usual long house-selling process.

Companies that buy houses quickly are on the rise and you probably know a few people who buy houses fast. Are you ready to discover this real estate industry changer? We buy houses fast!

What are the pros of selling to a cash house buyer?

Selling to a cash house buyer has many advantages you’re probably not aware of. In this article, we’ll look at a few detailed ways selling your house fast can benefit you more than selling to an agent.

  • You can avoid foreclosure

Many people are looking for tips and tricks on how to avoid foreclosure. With a cash house buyer company, you can do just that. Being able to sell your house before it goes into a foreclosure is extremely rare and almost impossible when you’re selling to an agent. But with a cash house buyer, avoiding foreclosure is just one of many benefits you can get.

We have bought from a client that was facing foreclosure the very next day by getting the bank to agree to avoid having the house go to auction because we were going to buy it and then closed on the very next day. It’s fast, it’s safe and reliable. And we help you every step of the way.

  • We buy houses fast

It’s a fast process. Your house can be bought in just a few days, or, if you’re not ready yet, in a few months. It’s completely up to you. It’s an ideal choice for those who need to relocate quickly and don’t have time to go through the long process of selling to an agent. We are safe, reliable and completely trustworthy.

  • No hidden fees

We don’t charge fees. Not even for offering you real estate advice. You simply fill out a form, we call you back and it’s a done deal. Real estate business is fast and selling your house used to take a lot of time away from people – not anymore.

  • No repairs!

We buy houses fast and take them in any state – you won’t have to worry about making repairs or making sure your house is in a perfect condition. All those things just delay the selling process and that’s the last thing you want. We completely get it.

  • Absolutely no paperwork

We mean it when we say no paperwork. No bank loan approvals, no foreclosure, nothing. Just a quick and safe sale. Imagine never having to fill or scan piles of documents, get references, and deal with all unnecessary things again.

  • You decide when you want to sell your house

So, you need cash in 2 days time? No problem! Or do you want to take your time and can’t currently move out, but you’re still thinking about selling your house? Are you a veteran from Omaha who needs to relocate? It doesn’t matter – we will cater to your needs. Try us!

So how safe is cash house buying?

we buy houses fast with cash

It’s natural for people to question a no stings attached process. I talk more about how to spot cash house buying scammers in my other articles, but you should know that scammers can be found in absolutely every profession. Cash house buying is completely safe if you know who to trust and how to spot scammers – there are as many scammers as there are legitimate companies. Always be careful and always be safe. Remember, there are people who use the popularity of the ‘we buy houses’ campaigns to take advantage of homeowners. Always be careful of ‘we buy houses’ scams!

How do you spot cash house buying scammers?

When researching the company, it’s important to check their credentials. Google their name beyond the first page and use different keywords to see what comes up.

A safe and legitimate company that buys houses quickly will always be ready to answer any questions you might have about the process. As us, they might even have a detailed blog with benefits on selling or buying your house.

The team behind Red Ladder Property Solutions works hard to make sure you are provided with the best information possible- Sell your house fast and do it the right way.

What is the biggest benefit of buying houses fast with cash?

we buy houses fast for sale

We talked about the pros of selling to a cash house buyer. But the biggest benefit of people who actually buy houses fast is the freedom of living without a mortgage. Imagine no monthly mortgage payments, nothing that takes away a huge portion of your income. That feeling of being mortgage-free is absolutely incredible, and this why many people are buying houses with cash.

Buying a house with cash also benefits your credit score. Applying for various types of credit is easy when you don’t have mortgage payments holding you down.

We buy houses fast

We buy houses fast. It’s what I do. I’m ready to help you with anything you might need. My website can provide you with all answers you might have on the house-buying process, but we don’t just stop there. Thinking of becoming a landlord? Going through a divorce? Wondering how to stop foreclosure? Or just in need of simple advice on how to sell your house fast? All information is available to you for FREE.

And if you’re still not happy with what you find – give me a call. I’ll make sure all your questions are answered so you can sell your house for cash fast and safe.

Categories: We Buy Houses

Can You Sell a House Before Probate in Nebraska?

March 2, 2017 • Owen

Selling a House Before Probate

Many residents of Nebraska find themselves looking for information about selling a house before probate. This is either because they have inherited a house through a will or have been named as executor in this document.

Can you Sell a House Before Probate in Nebraska?

This is a situation that raises the need to find answers to several important questions. One of those important questions is “can you sell a house before probate is granted?”

Can You Sell an Inherited Property Before Probate?

Individuals who ended up with an inherited home often can’t or don’t want to keep it. It could be their parent’s home where both parents are now deceased. One option is to put the house on the market but the question is, “can you sell an inherited property before probate?”

If a will exists chances are a family member who is close to the deceased is aware of this important document. It may be that a particular person is named as the executor in the will. The executor has the duty and obligation to see that the last wishes as outlined in the will are fully carried out. If a property is involved in the estate, such as a house, this most likely will have to go through a probate process.

Selling a house before probate.

Individuals who have inherited a house may not realize that it has to go through a probate process. They may attempt to put the house on the market for sale. If they use a Realtor to attend to this, an experienced agent will know that the house must go through the “selling a house before probate” process. This is in order for a sale to be legal.

The probate laws are in place to ensure that the wishes of the will are carried out as intended. This is the main reason why selling a house before probate is not allowed in many states.

Luckily, in Nebraska there are some controlled exceptions to this. There is an alternative to going through the standard probate procedure. This is using a process called “Muniment of Title”. This is applicable when a will was left but there were no debts secured by real property. This alternative process is done by validating the will in a local county court. Once this court has approved the validation, property titles can be transferred to the beneficiaries.

There is also an alternative that should be looked at in Nebraska. This is for those who are looking at selling a house before probate. This is called Affidavit of Heirship. This can be utilized if the property in the estate only amounted to real property, i.e., a house or houses.

Probate laws and selling the house before probate

With this process, the property titles are transferred to the heirs. It involves two individuals who have nothing to gain from the estate sign the affidavit. Once this is done this document must then be filed with the deed record department in the local county where the house is located.

Can You Sell A House Going Through Probate?

The next question that often is raised is can you sell a house that is already going through probate?

It may have been discovered that selling a house before probate is not allowed in many states. It is important to really know the laws of the state in which the house resides.

In Nebraska for example, the answer to the question of whether you can sell a house going through probate is yes. There are specific steps that must be taken in order for the sale to be legitimate.

Getting a property appraisal

The property has to be appraised by an independent certified appraiser. Often an experienced realtor in probate sales will be able to recommend one.

Getting the petition

For the probate petition, it requires some information to be filled in. This applies to both selling a house before probate and selling one during probate. This includes all the details that pertain to the proposed sale. You may also have to outline the method in which the home will be sold. Once completed properly and submitted to the courts you then have to wait for court approval. A sale before this petition will not be considered valid.

This answers the question can you sell a house before probate is granted. It also shows that when it comes to Nebraska like the other states there are specific rules that must be followed.

texas probate laws

Putting the house on the market

Potential buyers must be told that a sale can only be finalized after court confirmation.

Court Confirmation

Buyers will have to obtain confirmation of the sale from the court handling the probate case.

Local Newspaper advertisement

The public must be informed about the sale that has taken place during the probate period. This is done by running an ad about this in the local newspaper.

Can An Executor Sell A House Before Probate?

Individuals who become an executor  may find different types of property that need to be dealt with.

They first have to understand what their role as executor is.

Being an executor doesn’t mean this individual inherits any of the property. Sometimes an executor is named by the deceased. At other times may be appointed by the courts.

In most cases, probate is needed. If so then the executor or executrix must attend to this either doing it himself or retaining a lawyer to do it.

One of the questions raised by an individual with this responsibility is, “can an executor sell a house before probate?”

It may be that the inheritors of the will want the sale of the house done quickly so they can receive their share of the sale that was allotted to them through the wishes of the will.

Throughout most states, the probate rules and regulations are pretty much the same. There are some differences that do exist in some of the states about selling a house before probate.

Nebraska for example, is considered to have easier rules to adhere to when it comes to probating.

In Nebraska, the will can direct the executor to go after independent administration. This makes the process much easier. It gives more freedom to the executor outside of the control of the court.  If this is granted the executor does not have to ask permission from the court to sell the house named in the will.

Sell Your House Fast in Omaha to Red Ladder Property Solutions

If you want a fast cash offer to buy your Omaha house, click here to get started: get a cash offer within 24 hours.

Sell Your House to a Cash House Buying Company

Another option is to sell your house to a house-buying company. This gives you the best of both worlds! You won’t have to worry about any repairs, you save on commission costs and you can receive a quote in just 24 hours.

Red Ladder Property Solutions gives you a cash offer within one day and you can close it whenever you want. Your house can be sold in a week!

If you need to sell your Omaha area house fast and would like to get a no-obligation cash offer, call us now at 402-578-4003. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.

 

Categories: Inherited House