Can I sell my deceased brother’s home without going through probate if I have a small estate affidavit and a filed will?

Lexi, Chatbot

I understand that navigating the process of selling your brother's home can be challenging. Have you already obtained the small estate affidavit and filed the will with the appropriate court?

Lexi, Chatbot

Are there any specific beneficiaries or conditions outlined in the will that you need to consider when distributing the proceeds?

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and guide you toward the right solution for your situation.

Jon

A small estate affidavit is a legal shortcut that sometimes allows heirs to transfer a deceased person’s property without going through full probate, which can be time-consuming and costly. Whether this works depends heavily on state law.

Some states allow real estate to be transferred using a small estate affidavit, while others do not. The first step is confirming that the estate qualifies as “small” under your state’s dollar-value threshold.

Next, you must verify whether your state allows real estate to be handled through this process. If permitted, the affidavit must be completed accurately with details about your brother, the heirs, and the property, and then filed with the appropriate court or county office.

The will still matters, but it works in the background. The affidavit is what actually transfers ownership. Once ownership is transferred, the will controls how sale proceeds are distributed.

However, even when legally valid, many title companies and buyers’ attorneys are reluctant to insure a sale based solely on a small estate affidavit. If a title company refuses coverage, a simplified probate process may still be required.

Because these rules vary by state and can impact whether the property can actually be sold, consulting a probate or real estate attorney in your state is often the safest approach.