Probate Wholesaling: What is it?

Published on September 1, 2023

Probate Wholesaling: What is it?

Probate Wholesaling: What is it?

Probate wholesaling is an intriguing niche in real estate investing. However, it is often avoided by many real estate investors because it can be complex and it requires emotional sensitivity. 

If you are an investor who’s willing to understand the unique challenges and rewards of probate wholesaling, this blog is for you! Here, we’ll look closely at probate wholesaling, offering a clear definition of what it is, how it works, and where you can find probate leads to wholesale. 

With insights from experienced probate wholesalers, we hope to provide you with a comprehensive guide so you can venture into this niche as well. 

What is Probate?

What is Probate?

Probate is a legal process that takes place after someone dies, which involves validating the deceased's will, appointing an executor, identifying the deceased's assets, paying off any debts or taxes, and distributing the remainder of the estate to the rightful beneficiaries. 

This process is overseen by a probate court to ensure all financial obligations are met and that the deceased's assets are appropriately divided according to their last will and testament, or in its absence, according to state law.

While it can be a straightforward process, probate can also be time-consuming and complex, especially in situations involving large estates, numerous beneficiaries, or contested wills. It can be particularly challenging when the deceased's assets include real estate properties that need to be managed or sold. For many executors, especially those who have no previous experience in real estate, this can be a daunting task.

In the context of real estate investing, probate properties present unique opportunities for investors, which is where the concept of probate wholesaling comes into play.

Key Terms in Probate

To better understand probate, here are some key terms that encompass the whole process:

  • Will:A legal document that expresses the wishes of an individual regarding the distribution of their property after they die. It may also include instructions about the care of minor children or specific funeral arrangements.
  • Personal Representative: Another term for the executor. This term is used more commonly in some states.
  • Testate: This term refers to the situation when an individual dies leaving behind a valid will.
  • Estate: The entirety of a person's property, including real estate, investments, cash, and personal possessions at the time of their death.
  • Beneficiary: An individual or entity (such as a charity) that is designated in a will to receive a portion or all of an estate.
  • Executor: Also known as the personal representative, this is the individual appointed in a will or by a court to manage the deceased person's estate. Their responsibilities include settling debts, paying taxes, and distributing the remaining assets according to the will.
  • Intestate: This refers to the situation when an individual dies without having made a valid will. In this case, the deceased's estate is distributed according to state intestacy laws.
  • Petition: A formal written request submitted to a court seeking a specific legal action. In the context of probate, a petition may be filed to open the probate process, appoint an executor, or distribute the estate, among other things.
  • Probate Letter: Also known as Letters of Testamentary or Letters of Administration, this is a document issued by the probate court giving the executor or personal representative the legal authority to manage the affairs of the deceased's estate. This means the will is enforceable and the personal representative can execute it.

General Probate Process

The probate process typically unfolds in several stages, though the specifics may vary depending on the state and the probate court. Here's a step by step overview of the process:

  • Step 1. Submission of Death Certificate: The probate process starts with the submission of the original death certificate of the deceased to the probate court. This official document verifies the death and triggers the legal proceedings.
  • Step 2. Submission of Will: The deceased's will, if one exists, is submitted to the probate court. The will provides the decedent's instructions on how their estate should be distributed and names the executor.
  • Step 3. Determining the Executor of the Estate: If a will exists, the person named as executor in the will generally assumes this role. If there's no will, or the named executor can't or won't serve, the court appoints an administrator, often a next of kin or an attorney.
  • Step 4. Probate Filing: The executor or administrator files a petition with the probate court to open the probate process. This formal step validates the will, if there is one, and acknowledges the authority of the executor or administrator.
  • Step 5. Receiving Court Authorization:The court reviews the petition and, if everything is in order, issues letters testamentary (or letters of administration if there's no will), authorizing the executor or administrator to act on behalf of the estate.
  • Step 6. Contacting Beneficiaries: The executor/administrator is required to notify all beneficiaries named in the will or, if there's no will, all potential heirs under state law. They also need to notify creditors and publish a notice of the death in a local newspaper to alert any unknown creditors.
  • Step 7. Asset Inventory: The executor/administrator must identify, locate, and take control of all of the deceased's assets, and determine their fair market value at the date of death. Proper estate planning is crucial in this part.
  • Step 8. Estate Sale: If necessary, assets (including real estate) may be sold to pay off the decedent's debts, expenses, and taxes. This is also known as the liquidation of the estate. In this part, the executor should steer clear from deals that are too good to be true as they are most of the time invalid.
  • Step 9. Debt Payment: The executor/administrator uses the estate's assets to pay off the deceased's debts, as well as any estate taxes and administrative expenses.
  • Step 10. Asset Distribution to the Beneficiaries: After debts and taxes are paid, the executor/administrator distributes the remaining assets to the beneficiaries according to the terms of the will, or if there's no will, according to state law.
  • Step 11. Closing of the Estate: Once all of the above steps have been completed, the executor/administrator files a final account and petition to close the probate. The court reviews the account, and if it is satisfied that all debts and taxes have been paid and the remaining assets have been properly distributed, it will issue an order closing the estate.

Wholesaling Probate Properties

Wholesaling Probate Properties

Wholesaling probate properties is a niche strategy in real estate investing, typically involving the swift purchase and resale of properties that are part of an estate in probate. 

When you wholesale real estate under probate, you primarily bank on the need for quick liquidity in estates that might be required to settle outstanding debts or to simplify the process of distribution among heirs. 

Probate properties are identified, contracts are negotiated with the executor or administrator of the estate, and then the properties are quickly sold to other investors or buyers, ideally at a higher price. 

Unlike traditional real estate transactions, the wholesaler in probate deals does not usually make significant upgrades or rehab the property. They don't deal with mortgage and other finances as well. Instead, they aim to facilitate a speedy transaction that benefits both the estate and the end buyer, making their profit from the price difference.

Is Wholesaling Probate Real Estate Profitable?

Is Wholesaling Probate Real Estate Profitable?

Wholesaling probate real estate has the potential to be highly profitable for several reasons. Remember that executors of an estate are often motivated sellers. They might be keen on a quick sale and may be more willing to negotiate on price. This often allows wholesalers to purchase the property below market value.

Moreover, probated properties are often less competitive than other types of real estate. This means you’ll have less competition which can lead to better prices and higher potential profits.

However, the profitability of probate wholesaling real estate, like any real estate investment, depends on various factors, including market conditions and demographics, the wholesaler's knowledge and skills about the aging population, and the specifics of how to sell the home. 

To learn more about probate, how you can profit from it and get to the next level, you may need real estate coaching who help investors find leads, attend a mastermind seminar or webinar, or just watch YouTube videos about the topic.

Pros and Cons of Probate Wholesaling

As is with any niche in real estate, probate wholesaling also has its pros and cons. It’s crucial that you understand all these factors before you dive into this probate investing strategy.

Pros

Lack of Competition

The probate real estate market often experiences less competition than other sectors of real estate investment. Probate properties require a specific set of knowledge and skills to successfully navigate the complexities of the process. 

The need to understand legal proceedings, court filings, and how to interact delicately with families can act as a barrier to many investors. 

As a result, those who specialize in probate wholesaling may find themselves facing fewer competing bids, providing a better chance to secure properties at reasonable prices, and potentially increasing their profit margin.

Motivated Sellers

Executors or personal representatives handling a probate estate are often motivated sellers. They may be tasked with the responsibility of liquidating the property quickly to settle the estate's debts or to distribute the inheritance among the heirs. 

The stress and emotion involved in handling a loved one's estate also often make these sellers keen on closing a deal swiftly and efficiently. This motivation can present an advantage to probate wholesalers, who can negotiate a favorable purchase price, making for potentially higher profits when reselling the property.

Property is Often Priced to Sell

Due to the aforementioned motivation and the potential for the property to be an older, often unmaintained one, probate properties are typically priced to sell. They may be listed at a price below market value to encourage a quick sale.

For a probate wholesaler, this lower initial purchase price can create an excellent opportunity for a higher profit margin upon reselling to investors or end-buyers, even without substantial property improvements or renovations.

The Market is Continually Replenished

Unlike certain real estate investment niches that depend heavily on market cycles and economic conditions, probate properties are constantly being replenished. The unfortunate reality is that people pass away every day, leading to a regular influx of properties into probate. 

This steady supply ensures that probate wholesalers have a consistent stream of potential investment properties, making it a viable long-term strategy. It provides a degree of resilience against market fluctuations, which can be a significant advantage in the often volatile realm of real estate investment.

Cons

Requires Research

One of the significant challenges of probate wholesaling is the extensive research it demands. Identifying potential probate properties often requires meticulous examination of county records of every state, court filings, obituaries, or even direct outreach to probate attorneys or financial advisor. 

Additionally, the investor must understand the probate process in their specific jurisdiction, as probate law and procedures can vary widely. This involves a considerable investment of time and energy and requires a degree of legal and market knowledge that can be daunting to beginners.

Time Delays

The probate process itself can be protracted and is subject to court timelines. From the time of filing until the estate is officially opened can take several months, and that's before the real estate transactions can even commence. The process can be further delayed if the will is contested or if there are disputes among the many heirs. 

These delays can tie up capital and hinder quick turnover, which is usually a significant advantage of the real estate wholesaling strategy. It requires the investor to be patient and ready to adapt their timeline to the court's schedule, which can be unpredictable.

Patience and Empathy are Required

The probate wholesaling business, by nature, involves working closely with individuals who may be grieving the loss of a loved one. This requires a level of sensitivity, empathy, and excellent communication skills that not every investor possesses. 

You're not just dealing with a property; you're dealing with people during what can be a challenging time in their lives. It is essential to approach these interactions with understanding and respect, which can take emotional energy and patience.

Steps in Probate Wholesaling

Ready to wholesale probate real estate? Here’s a general guide you can follow! Note, though, that the process can take a long time, too.

Step 1. Create a List of Probate Leads for Your Real Estate Business

Creating a list of probate real estate leads is the first and one of the most critical steps in probate wholesaling. This process involves identifying properties that are currently going through the probate process. 

Leads can be found in various ways, including through public records, obituaries, or local newspaper notices. Some areas even have probate lead lists that can be purchased, which compile this information for you.

This step requires a good deal of diligence and attention to detail especially when doing probate marketing. It's essential to keep the list organized, with information such as the name of the deceased, the property address, the executor or personal representative's name and contact information, and the status of the probate process. 

Step 2. Connect With Your Leads

After identifying the potential leads, the next step is to make contact. This often involves sending a carefully worded letter or direct mail and making a phone call to the executor or personal representative of the estate. 

It's important to approach this communication with sensitivity, acknowledging the difficult time the family may be going through and offering a solution to ease the burden of selling the property.

Explain how you can assist in the process and provide your contact information for further discussions. Make sure you are respectful, patient, and prepared to answer questions they may have. Remember, building a trusting relationship can significantly enhance the chance of a successful transaction.

Step 3. Meet With the Personal Representative

Once you've initiated contact and the personal representative is interested in your proposal, set up a meeting. Use this opportunity to build rapport and further explain how your services can provide value to them. 

During this meeting, you'll want to view the property if possible. Take note of its condition, location, and other characteristics that will help determine its market value.

Step 4. Make an Offer and Secure the Probate Property Under Contract

After you've established a good relationship with the personal representative and you've assessed the property, the next step is to make an offer. 

This should be an informed decision based on the property's condition and market value. Once an offer is accepted, secure the property under a purchase and sale agreement.

Remember, in wholesaling, the contract should include a contingency or clause that allows you to assign the contract to another buyer. This is a crucial element in wholesaling that gives you the legal right to sell your interest in the property to another investor.

Step 5. Find a Cash Buyer

With the property under contract, it's now time to find a cash buyer or purchaser. This is usually another investor looking for properties to renovate and sell or rent out. 

You can find potential buyers through networking events, online real estate forums, or local real estate investment groups. 

It's important to market the property effectively, showcasing its potential and the profit the buyer stands to make. Make sure to share all necessary details, such as location, property size, condition, and your asking price.

Step 6. Assign the Contract

Once you've found a buyer willing to purchase the property at a price higher than what you've contracted with the estate, the next step is to assign the contract to this buyer. 

This process involves another legal document, known as an assignment agreement, that transfers your rights to purchase the property to the new buyer.

Step 7. Get the Fee

Your profit in a wholesale deal is often the difference between the price you contracted with the estate and the price at which you're selling the property to your cash buyer. This profit, also known as the assignment fee, is collected at the closing of the sale. 

It's important to make sure this process is clearly outlined in the assignment agreement to avoid any confusion or disputes later on.

Step 8. Monitor the Closing

Even though you've assigned the contract, your job isn't quite done yet. It's essential to stay involved in the process and ensure that the closing goes smoothly. 

This may involve coordinating with the title company, ensuring all parties have the necessary paperwork, and confirming the date and time of the closing.

Your presence in the process can provide reassurance to all parties involved and help ensure a successful transaction.

Where to Find Probate Leads for Wholesaling?

Have trouble finding probate wholesaling leads? Here are some of the best lead sources that can speed up your search. Thank us later!

Local Probate List

Local probate lists are records maintained by local county or city courts that detail estates currently going through the probate process. They typically include information like the deceased's name, the executor or personal representative's name and contact information or phone numbers, and property details. 

Some areas may make these lists available for public viewing, while others may charge a fee for access. These lists can serve as an invaluable resource for identifying potential leads.

Obituaries or Local Newspaper Notices

Newspaper obituaries and legal notices are another valuable source of probate leads. When a person passes away, an obituary is often published in the local newspaper, which can give you a heads-up about a potential probate case. 

Additionally, some courts require that a legal notice be published in a local newspaper to inform potential creditors about the probate process, providing additional leads.

Probate Court

Visiting your local probate court can also yield a wealth of information. Court clerks can guide you on how to access probate files, which usually contain information about the deceased, the executor or personal representative, and the estate's assets. 

These files can help you identify potential probate leads before they become widely known to the public.

Online Public Records

Many counties have begun to digitize their records, making them available online. These can include probate records, MLS probate listings, death certificates, and rental property records. 

By searching these databases, you can often uncover probate leads quickly and from the comfort of your own home or office. 

Probate Attorneys

Building relationships with probate attorneys can be highly beneficial. They are often one of the first to know when a probate case opens and can provide you with leads, provided they have their clients' permission to do so.

Offering reciprocal referrals to these attorneys can also incentivize them to share leads with you.

Lead Generation Software

There are numerous software solutions available today that can streamline the process of lead generation. These platforms typically automate the search process across various databases to provide you with a list of probate leads. 

While these services often require a subscription fee, they can save a considerable amount of time and effort. Just ensure that you widen your search criteria so you can maximize these platforms.

Online Lead Providers

Some companies specialize in providing probate leads to real estate professionals, including real estate agents. They do the work of combing and skip tracing through obituaries, court records, and other sources to compile a list of probate leads, which they then sell. 

While these services can be costly for a broker or investor, they can also provide you with a steady stream of leads without the need for you to do the manual legwork. One of these companies that can definitely help you with probate leads is Lead Vine.

Key Takeaways: Wholesaling Probate Properties

Wholesaling probate properties demands thorough research, patience, and a high level of empathy, as you'll be dealing with families during potentially challenging times. 

It's also crucial to understand the key steps involved in probate wholesaling we shared in this blog, from sourcing leads to closing the sale to ensure successful transactions. 

Not sure if wholesaling probate properties is for you? Explore different properties first! To do that, check us out at Property Leads. We offer highly motivated seller leads of different types!

Fill out our form below to get started.

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