The personal representative signs, not the heirs
Once the county probate court appoints a personal representative (sometimes still called an executor), that person has authority to manage estate property, including contracting to sell the house. Heirs are entitled to information and, depending on the situation, to consent — but the personal representative signs the contract and the deed.
Get your Letters Testamentary or Letters of Administration in hand before you negotiate. Every buyer and closing attorney will ask for them.
What the court may need to see
Requirements vary with how the will is written and whether the sale is contested. Some sales proceed with the personal representative's own authority; others require a petition and the court's approval, and the court may want to see that the price is reasonable. A written offer with a clear number and no financing contingency is easy to document either way.
Costs that keep running while probate is open
Every month the house sits, the estate pays. This is the reason most estates prefer a certain closing date over a hopeful list price.
- Mortgage interest, property taxes and vacant-property insurance
- Utilities kept on for inspections and showings
- Lawn care, winterizing, and securing the property
- Repairs a financed buyer's lender will insist on
How a cash sale fits a probate estate
We buy probate and estate properties as-is, anywhere in South Carolina, and we work on the court's timeline rather than fighting it. There are no commissions, no repair requests, and no cleanout for the family to fund. We coordinate with the estate attorney and close when the estate is clear to close.
Frequently asked questions
Can the house be sold while the estate is still open?+−
Usually yes — most estate sales happen while probate is open, with the closing timed to the court's requirements. Your probate attorney will confirm what your specific estate needs.
Who pays the mortgage during probate?+−
The estate is responsible for keeping the loan current out of estate assets. If cash is tight, that pressure is often the reason families choose a fast sale.
Do you buy houses with heirs living in them?+−
Yes, and we can usually give an occupant reasonable time to move as part of the agreement. Tell us the situation up front and we will structure the closing date around it.
Get a free cash offer on your SC house
No repairs, no commissions, no obligation. We'll call within 24 hours.
Prefer to talk? (803) 889-0840