Probate Disputes & Will Contests: Impact on Real Estate Sales

by Ryan Rose

Will contests and probate disputes can freeze real estate sales for months or years—when heirs challenge the will's validity, fight over distribution, or dispute executor decisions, property often can't be sold until conflicts resolve. This guide explains how disputes affect probate real estate.

Types of Probate Disputes

Will Contests

Challenges to the will's validity based on:

Lack of capacity: Deceased didn't understand what they were signing
Undue influence: Someone pressured or manipulated the deceased
Improper execution: Will wasn't properly signed/witnessed
Fraud/forgery: Will is fake or contents were misrepresented

Executor Disputes

Challenges to executor appointment
Claims of executor mismanagement
Requests to remove executor
Disputes over executor compensation

Distribution Disputes

Disagreements about who gets what
Challenges to property valuation
Arguments over specific bequests
Claims by omitted heirs

How Disputes Affect Real Estate Sales

Sales May Be Frozen

During active litigation, the court may prevent property sales until disputes resolve. Even without formal orders, executors may hesitate to sell when facing challenges—selling before resolution could create liability.

Title Issues

Title companies may refuse to insure properties with pending probate litigation. If ownership is disputed, clear title can't be delivered. This effectively prevents closing until disputes resolve.

Extended Timeline

Will contests can take 1-3+ years to resolve. During this time, property sits unsold, carrying costs accumulate, and condition may deteriorate. The estate loses value while lawyers negotiate or litigate.

Increased Costs

Litigation is expensive. Attorney fees for contested probates can consume significant estate value. Combined with carrying costs on unsold property, disputes dramatically reduce what heirs ultimately receive.

Resolving Disputes to Enable Sales

Mediation: Neutral mediator helps parties reach agreement
Settlement: Negotiate resolution among disputing parties
Buyout: One party buys out others' interests
Agree to sell: Parties agree to sell property, dispute proceeds distribution
Court order: Request court authorize sale despite dispute

Executor's Position During Disputes

If you're executor during a dispute, work closely with your probate attorney. Continue maintaining property, document all decisions carefully, and act impartially—don't favor any heir's position. Your job is protecting estate assets until resolution, not taking sides.

The Bottom Line

Probate disputes create expensive delays that harm everyone. If you're facing contested probate, explore mediation and settlement options before lengthy litigation. Agreeing to sell property and dispute the proceeds is often better than letting property deteriorate while fighting in court.

I work with executors navigating disputed estates. If you need to understand how disputes affect your ability to sell Las Vegas probate property, reach out for guidance.

Probate Disputes and Will Contests: Real Estate Sales FAQ

Q1: Can probate property be sold during a will contest?

In most cases, no. During active will contest litigation, the court may freeze asset sales until the dispute is resolved. Even without a formal court order, executors typically cannot sell property when ownership or will validity is being challenged, as title companies will refuse to insure properties with pending probate litigation.

Q2: How long do probate disputes typically delay real estate sales?

Will contests and probate disputes can take 1-3+ years to resolve, though timelines vary significantly. During this period, the property remains unsold while carrying costs accumulate and the property's condition may deteriorate, ultimately reducing the estate's value.

Q3: What are the most common grounds for contesting a will?

The four main grounds for will contests are: (1) lack of capacity—the deceased didn't understand what they were signing; (2) undue influence—someone pressured or manipulated the deceased; (3) improper execution—the will wasn't properly signed or witnessed according to state law; and (4) fraud or forgery—the will is fake or its contents were misrepresented.

Q4: Can heirs agree to sell the property while still disputing other issues?

Yes, this is often the best solution. Disputing parties can agree to sell the property and place proceeds in escrow while they continue to dispute the distribution. This prevents property deterioration and stops carrying costs from accumulating, preserving more value for all parties regardless of how the dispute is ultimately resolved.

Q5: What happens to property maintenance during a probate dispute?

The executor remains responsible for maintaining the property even during disputes. This includes paying mortgages, property taxes, insurance, utilities, and necessary repairs. Failure to maintain the property can result in additional legal liability for the executor and further reduce the estate's value.

Q6: How do probate disputes affect property title insurance?

Title companies typically refuse to issue title insurance on properties with pending probate litigation because ownership is disputed and clear title cannot be delivered. Without title insurance, buyers cannot close on the property, effectively preventing any sale until the dispute is resolved.

Q7: What can an executor do if heirs disagree about selling probate property?

The executor should work with their probate attorney to explore several options: mediation to help parties reach agreement, negotiating settlements among disputing parties, facilitating a buyout where one party purchases others' interests, or petitioning the court for authorization to sell the property despite the dispute if it's in the estate's best interest.

Q8: How much do probate disputes typically cost the estate?

Attorney fees for contested probates can consume significant estate value, often tens of thousands of dollars or more depending on complexity and duration. When combined with carrying costs on unsold property (mortgage, taxes, insurance, maintenance) over months or years, disputes can dramatically reduce what heirs ultimately receive.

Q9: Can an executor be removed during a probate dispute?

Yes, heirs can petition the court to remove an executor based on claims of mismanagement, failure to perform duties, conflict of interest, or breach of fiduciary duty. If removed, the court will appoint a replacement executor. However, removal requires proving serious issues—mere disagreement with the executor's decisions is typically insufficient.

Q10: Is mediation effective for resolving probate disputes?

Yes, mediation is often highly effective and much less expensive than litigation. A neutral mediator helps parties communicate and explore settlement options. Many probate disputes arise from miscommunication or emotional issues rather than true legal disagreements, making mediation particularly valuable. It's typically faster, cheaper, and less adversarial than court proceedings.

Q11: What should I do if I suspect a will was created under undue influence?

Consult with a probate litigation attorney immediately, as will contests have strict time deadlines. Gather evidence such as the deceased's medical records, communications showing relationships with potential influencers, documentation of the deceased's intentions expressed at other times, and witness testimony. Your attorney can evaluate whether you have sufficient grounds to challenge the will.

Q12: Can the court authorize a property sale before a dispute is resolved?

Yes, the probate court can authorize a property sale even during ongoing disputes if the executor demonstrates that selling is in the estate's best interest—such as when the property is deteriorating, carrying costs are excessive, or market conditions favor immediate sale. The proceeds would typically be held in trust pending dispute resolution.

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Ryan Rose

Agent | License ID: S.0185572

+1(702) 747-5921 | ryan@rosehomeslv.com