4 Things You Should Know About Buying and Selling Probate Property in Albuquerque

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Newcomer to probate? For buyers, homes in probate can be great investment opportunities and because this sector of the market isn’t well known, these properties offer an advantage. If you are buying, before making an offer, be certain you read the disclosure and understand the terms, timeline, and which forms to use. A home in probate sometimes has to be sold in order to settle outstanding debts or because it is in a state of disrepair. When already dealing with the devastating loss of a loved one, it can be shocking for family to find out they are now carrying another financial burden. Depending on your circumstances, carrying this extra debt may not be a feasible situation. Leading us to the subject of selling probate property in Albuquerque. Whether you are buying or selling, it is vital that you understand the following things.

Personal Representative

Real estate that is to be passed down to heirs and isn’t in a trust and lacks the instruction of a will, prompts the probate court to appoint a personal representative or administrator. When there is a will, the named personal representative or executor is responsible for following the terms as they dictated in the will. This legal process is overseen by a special court whereby ownership of the property is legally transferred to the rightful heirs, or the property is sold and the profits distributed. Should you become the personal representative of an Albuquerque intestate estate, you are now the administrator of the estate. This is a large responsibility and can be made all the more stressful by any infighting among heirs or debtors; or it can even lead to being sued for mismanagement or fraud by the beneficiaries. 


Whether you are buying or selling probate property in Albuquerque, it is extremely important to know that the sale will be completed with the property as-is. As a buyer, this means you won’t be in a position to request repairs be made prior to closing. In traditional real estate transactions, the purchase and sale contract may include a contingency that allows the buyer to sell their current residence as a means to gain the finances required for purchasing the new home. You should be aware that the guidelines governing purchases of probate properties typically don’t allow for any contingencies. Because the court requires the purchase price of real estate sold in probate to bring the highest possible price, often the property is offered at auction – which auctions is a whole other topic and the “highest possible price” at auction is often not reality.

State Laws

An important aspect of buying or selling probate property in Albuquerque is to understand the legal specifics of the process, which can vary from state to state. Should a loved one die without a will, the death is known as being intestate. While the personal representative will be advised that they are now responsible for the estate, most are left wondering what to do next.  Should you find yourself in this situation, the importance of acting quickly in the matter cannot be overstated. There are specific forms that must be filed in the process and particular deadlines that must be met. You will find yourself having to learn everything on the fly about the intestate process, all while jumping through legal hoops involved in selling a home in probate. The additional stress of meeting important legal demands in addition to the difficult time of mourning can be overwhelming for many people. When not handled properly, a sales transaction may be voided. 

Work with Experts

It can be unbearably complicated! Buying or selling probate property in Albuquerque can leave the inexperienced feeling very alone and sometimes even under legal attack by the heirs, leading to costly mistakes. There is a great deal of information to absorb all at once, all while dealing with probate proceedings. Completing all the forms required for the probate process that must be used, can be a daunting task. Not to mention the stress from looming deadlines. Let a professional take the weight off of your shoulders. It is important that your needs are met in the transaction. You should feel that they are listening and willing to meet your needs. They should be happy to explain every step of the process. They should be able to tell you how many other people they have helped through this process. They should have a team of reliable professionals who can handle everything for you, from initial cleanup, maintenance of the property during the probate period, and any other job that needs to be completed. Their team of experts should be readily available to support you from the start through to the final day of closing. 

We have the solution! Ease the strain of these concerns when you are buying or selling probate property in Albuquerque by working with Heritage Home Solutions, LLC by your side. We can help make it easy – we buy probate properties directly and will help you through the process step by step. Send us a message or give us a call at (505) 445-4005 today to learn more!

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