Tax Lien On A Property With A Deceased Owner

Tax Lien On A Property With A Deceased Owner

Member since 2016 · 2 posts · 1 vote

Good morning!  I'm both new to Atlanta and to investing, and while searching for properties to wholesale, I've come across a vacant home with a tax lien, however, the owner is deceased, how would the probate process work here?  Should I be trying to find any living relatives? What steps should I take from here and is it still possible to whole sale this? Any input would be greatly appreciated, thanks.

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  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    7y

    @Ricky Thompson look to see if an estate was opened. I don't know what they call it but it could be; orphans court, Probate court etc. Once you find the court that handles estates look to see if an estate was opened. If so you can buy it from the estate. 

    If an estate has not been opened then you have to find the heirs and see if they are willing to sell. You do what is called a "skip trace" to find the heirs. This can be done online or a good private detective can help. Most likely an estate will have to be opened. 

    If you want to wholesale this all this needs to be done before any tax sale process is complete and the heirs lose the property.

    Is this a lot of work - you bet. But that is how great deals are made.

  • Member since 2016 · 2 posts · 1 vote
    7y
    Originally posted by @Ned Carey:

    @Ricky Thompson look to see if an estate was opened. I don't know what they call it but it could be; orphans court, Probate court etc. Once you find the court that handles estates look to see if an estate was opened. If so you can buy it from the estate. 

    If an estate has not been opened then you have to find the heirs and see if they are willing to sell. You do what is called a "skip trace" to find the heirs. This can be done online or a good private detective can help. Most likely an estate will have to be opened. 

    If you want to wholesale this all this needs to be done before any tax sale process is complete and the heirs lose the property.

    Is this a lot of work - you bet. But that is how great deals are made.

     Thank you!

  • Specialist · Denver, CO · Member since 2017 · 59 posts · 30 votes
    7y

    Probate procedures vary state to state. Often times, you can find probate records by either searching online or physically going to the courthouse. If you have the homeowner's first and last name, they should be able to tell you whether or not a probate was filed.

    If you're able to actually view any of the probate documents, try to find the executor's/personal representative's information. This person is court-appointed to handle the estate and often has jurisdiction over what happens to the house.

    If a probate wasn't filed, you can try to check their obituary if you can find it and see if it lists any living relatives and then skip-trace them. There are lots of free resources online to help you find this info or you can pay a skip-tracing service to do it for you.

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