Probate vs. Non-Probate Home Sales in the Philadelphia Suburbs: What You Need to Know
Understanding the Difference Can Save You Months of Stress
If you’re the Executor of an estate in Montgomery, Bucks, Delaware, or Chester County, one of the first questions you’ll face is:
👉 “Does this home need to go through probate?”
The answer determines how quickly you can sell, how proceeds are distributed, and which documents you’ll need.
What Is a Probate Sale?
A probate home sale happens when a property was solely owned by the deceased and must be transferred by the court.
Common examples include:
The homeowner lived alone with the home in their sole name.
There was a will naming beneficiaries, but no living joint owner.
There was no will (intestate), and the court appointed an administrator.
Probate sales require:
Filing with the county’s Register of Wills
A Short Certificate
Court approval for sale (in some cases)
All proceeds deposited into the estate account
Timeline: Usually 3–9 months depending on the court backlog.
What Is a Non-Probate Sale?
Some homes bypass probate entirely, allowing a faster sale.
This applies when the property:
Was jointly owned with right of survivorship (spouse or co-owner).
Was placed in a revocable living trust.
Has a transfer-on-death (TOD) deed.
These transfers occur automatically and may not require court oversight.
Once the surviving owner or trustee holds clear title, the property can be listed for sale immediately.
Why the Distinction Matters for Real Estate
Probate adds extra steps, but it doesn’t have to delay everything.
At The Shaina McAndrews Team, we often begin pre-listing tasks while the probate paperwork is processing:
Gathering documents
Coordinating cleanout
Preparing photography
Marketing “coming soon”
This ensures you’re ready to go the moment court clearance arrives.
Common Misconception: “The Home Can’t Be Sold Until Probate Ends”
False. With the right attorney and Realtor, you can often list the property during probate, provided the Executor has the Short Certificate and authority to sign contracts.
How We Streamline Both Scenarios
We review title early to confirm ownership structure.
We coordinate directly with estate attorneys to avoid missed signatures.
We manage all township compliance (Use & Occupancy, sewer, smoke detectors).
We communicate separately with heirs to keep emotions out of logistics.
“We thought we’d be stuck for a year. Shaina got the house under contract in 3 weeks — during probate!” — Executor, Cheltenham 2024
Local Probate Courts We Work With
Montgomery County Register of Wills – Norristown
Bucks County Register of Wills – Doylestown
Philadelphia Register of Wills – City Hall
Delaware County Orphans’ Court – Media
Chester County Register of Wills – West Chester
Our familiarity with each system prevents avoidable slowdowns.
Choosing the Right Realtor for Either Scenario
Probate or not, you need an agent who understands both timelines. Our team bridges the gap between legal, emotional, and financial responsibilities — ensuring nothing falls through the cracks.
Not sure if your loved one’s property requires probate before sale? Let us review it for you.
👉 Book a Private Consultation
