Does probate have to be finished for you to be able to buy a property in probate?

[Mike Schorah]

Does the probate process have to be finished for you to be able to buy a property in probate?

If not, then how would it work? Just get the heirs to come to an agreement and present an offer to the court? Would the court deny the offer if it’s below market value?

[Tom Gimer]

The answer to this question is 100% dependent upon the state. In many jurisdictions a property not the subject of a specific bequest is sold (yes, deeded out to the buyer) during administration of the estate, not at the end. Sales proceeds are held by the PR/executor/administrator to satisfy payment of approved creditor claims and expenses.