A signed contract doesn't always mean you can sell.
Few things are more frustrating than finally getting a home under contract — only to learn that the sale cannot move forward because probate is required.
For many sellers, this discovery comes late in the process. The buyer is lined up. The inspection is scheduled. Closing is on the calendar. Then the title company raises a problem: the seller does not have clear legal authority to transfer the property.
At that point, what should have been a straightforward real estate transaction can grind to a halt. Buyers walk away. Timelines collapse. Weeks or even months are lost — all because probate issues were not identified early.
Understanding the connection between probate and clean title is critical before listing a home for sale.
What “Clean Title” Really Means
In real estate, “clean title” means that the person selling the property has the legal right to transfer ownership without unresolved claims, defects, or unanswered questions. Title companies are responsible for confirming the property has 'clean title', but attorneys are responsible to obtaining 'clean title' for the seller - this should be done before listing the property.
A clean title confirms, among other things:
Who legally owns the property
Whether all prior owners properly transferred their interests
Whether court authority is required before sale
Whether liens, claims, or unresolved estates exist
If the property owner has died and the title was never properly transferred, that clean chain of ownership may be broken.
Why Probate Often Affects Real Estate Sales
Probate becomes an issue when real estate is still titled in the name of someone who has passed away. Even if the family agrees on what should happen, the law often requires a court- process before ownership can legally change.
This surprises many people because:
They have lived in the home for years
They have been paying taxes and insurance
They believe inheritance alone transfers ownership
Unfortunately, practical responsibility does not always equal legal authority.
How Probate Issues Are Commonly Discovered
In many cases, probate issues are not discovered until after the home is under contract. This typically happens when:
The title company performs its search
The buyer’s lender reviews ownership records
Missing transfers or outdated deeds are identified
At that point, the sale may be paused until probate is opened, a personal representative is appointed, and court authority is obtained.
For sellers, this can feel sudden and overwhelming — especially when a buyer is already waiting.
Why Buyers Often Walk Away
Real estate transactions are built around timelines. Buyers have rate locks, moving schedules, and financing contingencies. When probate is required, those timelines often become uncertain.
Common buyer concerns include:
No clear closing date
Court approval requirements
Delays that could last months
Uncertainty about who can legally sign
Even well-intentioned buyers may choose to walk away rather than wait for probate issues to be resolved.
Why Probate Delays Can Last Weeks or Months
Probate is not instantaneous. Even when uncontested, the process often includes:
Filing documents with the court
Waiting for court orders
Complying with notice requirements
Obtaining authority to sell real estate
In the Kansas City metro area, probate proceedings commonly take place in courts located in Jackson County, Clay County, Platte County, Johnson County, and Wyandotte County. Each court has its own procedures and timelines, which can further affect how quickly authority is granted.
Because the court controls the pace, sellers often cannot provide buyers with firm answers — something the real estate market rarely tolerates.
Common Title Problems That Trigger Probate
Title issues involving probate frequently include:
Property still titled in a deceased person’s name
Missing deeds from prior transfers
Multiple heirs with potential ownership interests
Estates that were never formally opened
Out-of-state owners with Kansas or Missouri property
These problems do not fix themselves over time. They must be resolved before a valid sale can occur.
Why Checking Title Early Matters
One of the most effective ways to avoid losing a buyer is to identify title issues before listing the property. Knowing whether probate is required early allows sellers to:
Set realistic expectations
Address court requirements in advance
Avoid contract cancellations
Reduce stress and uncertainty
Early review often reveals issues that can be addressed before a buyer is involved — rather than under the pressure of a pending sale.
Real Estate and Probate Are Closely Connected
While probate is often thought of as a court process, its effects are very real in the real estate world. A home cannot be sold unless the seller has legal authority to do so, and probate is often the mechanism that creates that authority.
Understanding this connection helps explain why title companies, lenders, and courts all play a role in the process.
Why This Happens So Often
Many families do everything right — except the final legal step. Deeds are not updated. Estates are never formally opened. Years pass without issue, until a sale forces the question.
When that happens, probate becomes unavoidable, often resulting in the loss of the sale, or long delays in selling..
Planning Ahead Reduces Frustration
This article is provided for informational purposes only, but many sellers choose to speak with a probate attorney before listing property when ownership is unclear. Others may choose to purchase an informal title opinion for a title company; these can be obtained for a few hundred dollars, and may save you thousand of dollars down the road. Understanding whether probate is required — and how it affects timing — can prevent costly delays and lost opportunities.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Real estate and probate laws vary by jurisdiction, and outcomes depend on specific facts and court procedures. Reading this content does not create an attorney-client relationship, and you should consult a licensed attorney in your state for specific legal advice..