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Can a Real Estate Agent Help You With Probate?

Posted by sslawne | January 10, 2025 | 0 Comments

Can a real estate agent help you with probate? Simply put, the answer is no.

A real estate agent cannot handle your probate because probate is a legal process that must be overseen by a probate attorney or the court. However, a real estate agent with experience in probate real estate can provide valuable assistance during the probate process by helping heirs, executors, or administrators navigate the complexities of selling a property tied to an estate.

The main advantage of working with us is that we own both a law firm – Senerchia & Senerchia P.C. – and a real estate agency – Family First Realty. Pairing our services together helps the beneficiaries get through the probate process smoothly and then sell the property quickly at the best price possible price. And, the affordable flat-fee that our real estate agency charges help beneficiaries realize the maximum gain on the sold property.

In this blog we’ll explain the probate process and what our experienced probate attorneys do to help our clients navigate this process. Then we’ll take a look at what our real estate agents can do to help you with a property that is in probate. And along the way, we’ll explain the ideal scenario where our attorneys and real estate agents work together to make the process as smooth as possible for grieving families.

What is Probate?

Simply put, Probate is the legal process of administering a deceased person’s estate, which involves validating their will (if one exists), paying debts and taxes, and distributing remaining assets to beneficiaries or heirs according to the will or state law. Whether an estate goes through probate depends on factors like the value of the estate, how assets are titled, and whether there’s a valid will.

If there’s no will, the estate is considered “intestate,” and state laws determine how the assets are distributed. The probate process without a will can take longer and be more costly, and the distribution might not align with your deceased loved one’s wishes.

What Senerchia & Senerchia PC Does for Our Clients

We understand that the loss of a loved one is a profound and personal experience for every family. In these moments, the legal intricacies of estate distribution can seem overwhelming. It is here that our family extends a helping hand to yours, guiding executors of Wills and beneficiaries through the probate process with compassion and expertise. From the initial identification of estate assets to the final distribution to beneficiaries, we are committed to making this journey as smooth as possible for you and your family.

The journey through probate begins with the passing of a loved one and the filing of a petition to open probate proceedings. The court then appoints an executor or personal representative, who takes on the responsibility of managing the estate. This includes notifying heirs, settling debts, and ultimately distributing assets to the rightful beneficiaries.

When a Will is present, it is carefully authenticated by the court, and its instructions are followed in the distribution of the estate, provided there are no valid contests. On the other hand, if a loved one passes without a Will, the state’s intestacy laws will guide the distribution of assets.

Our role at Senerchia & Senerchia P.C. goes beyond mere legal proceedings. We offer a spectrum of services to ease the probate process, from collecting life insurance proceeds and securing estate assets to managing estate accounts and facilitating the transfer of assets to beneficiaries. Our family is here to support yours, ensuring that the final wishes of your loved ones are honored with dignity and respect.

How Family First Realty Helps Families Going Through Probate

If you’re dealing with a probate property, partnering with an experienced real estate agent can make the process much smoother and less overwhelming. Family First Realty provides valuable assistance during the probate process by helping heirs, executors, or administrators navigate the complexities of selling a property tied to an estate. Here’s how we help your family:

  1. Provide a Comparative Market Analysis (CMA) to determine the property’s fair market value.
  2. Coordinate with our probate attorneys to ensure compliance with legal requirements and that timelines align with probate court processes.
  3. Advise on what repairs, cleaning, or staging would increase the property’s value and help it sell faster and coordinate this while the house is going through the probate process.
  4. Coordinate repairs, cleaning, or landscaping to make the property more appealing and recommend trusted contractors, inspectors, and service providers.
  5. Create a tailored marketing plan to attract buyers, considering the unique circumstances of probate sales.
  6. List the property on the Multiple Listing Service (MLS) and promote it through online and offline channels as soon as legally allowed.
  7. Probate sales often attract cash buyers or investors. A real estate agent can screen offers to ensure they meet probate requirements. Working together Senerchia & Senerchia PC and Family First Realty ensure offers are structured correctly to comply with probate court rules while also making sure the estate receives the best possible terms and price, as well as a smooth and timely closing.

Once our law firm secures the license to sell our real estate agency will be positioned to immediately put your deceased loved one’s home on the market, ready to sell quickly. We can do this because of all the work our agents will be doing to prep the property while the probate process plays out.

The Bottom Line

As probate is a legal matter that must be overseen by a probate attorney or the court, a real estate agent cannot help you with this process. When you work with us you have the added benefit of working with a real estate agency and a law firm that work together as your team to guide you through probate and selling your property the moment the court issues a license to sell.

As the team we are, Senerchia & Senerchia P.C. and Family First Realty understands the legal and procedural nuances, knows how to handle emotional and sensitive family situations, and ensures compliance with all probate court requirements when selling a home as part of an estate. We are compassionate partners in this journey who will ensure that your family’s legacy is preserved and passed on as intended.

About the Author

sslawne

Anthony Senerchia Jr. is an accomplished Senerchia & Senerchia P.C., his family's law firm, and COO of Dimension National Title. Anthony stands as a distinguished figure in the legal community, with an impressive array of bar admissions across Rhode Island, Massachusetts, Connecticut, and New Hampshire, including prestigious appointments to the US District Courts of Rhode Island, New Hampshire, and Massachusetts between 2019 and 2023. His legal journey began at the University of Massachusetts Law in Dartmouth, where he earned his Juris Doctor in 2019, preceded by a Master of Science from Worcester Polytechnic Institute in 2014, and a Bachelor of Science from Roger Williams University in 2010.

Anthony's dedication to the legal profession is further underscored by his active memberships in the Rhode Island, Massachusetts, Connecticut, and New Hampshire Bar Associations, reflecting his deep commitment to legal excellence across the New England region. His drive to pursue a career in law is deeply rooted in his commitment to his family, with the welfare of his children and loved ones being paramount in his professional endeavors.

At the heart of Anthony's practice is the profound satisfaction derived from assisting individuals and witnessing the tangible relief his expertise brings to their lives. This sense of fulfillment is a testament to the impactful nature of his work and his ability to navigate complex legal challenges with compassion and efficiency.

When he's not working, Anthony enjoys spending time with his wife, 2 boys, and his family. He is dedicated to giving back to his community and often participates in educational seminars and trainings.

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Our Mission

Senerchia & Senerchia PC, located in Cranston, Rhode Island, is a family-run and owned Law Firm with more than 30 years of experience. We take pride in treating our clients as part of our extended family, and as lifelong residents of our area, we truly understand our clients’ unique needs. Our services are designed to address the legal needs of individuals, families, and small businesses with a focus on personalized, client-centered assistance. We focus on Real Estate Law, Estate Planning, Probate, Trusts, and Wills, Business Law, and Kids Protection Planning. We have dedicated our careers to fighting for the rights of people in Rhode Island, Massachusetts, Connecticut, and New Hampshire.

 

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