Frequently Asked Questions
Real questions we hear from homeowners and families, grouped by situation, answered plainly.
Do I have to go through probate to sell an inherited house in Missouri?
In almost all cases, yes — a personal representative needs to be formally appointed by the probate court before anyone has legal authority to sign a listing agreement or a sale contract, even if every heir already agrees on what should happen. Missouri does have small estate procedures that can shortcut a full probate for some smaller, simpler estates, which is worth raising with an attorney early.
How long does probate take in Missouri?
It varies widely depending on whether the estate is contested, how many heirs are involved, and whether there are title complications on the property. Missouri gives creditors roughly six months from the first notice to file claims, which sets a practical floor on most timelines, but an uncontested, well-organized estate can move meaningfully faster than one with disputes or missing records.
What if there's no will?
The court appoints a personal representative under Missouri's intestate succession rules, typically a surviving spouse or adult child, and the estate is distributed according to that statutory formula rather than personal wishes. This process generally takes longer than an estate with a clear, current will, especially if multiple heirs need to agree on who should serve as personal representative.
Can I sell the house before probate closes?
Often yes, once a personal representative has been formally appointed and has the authority to sell — the house doesn't need to wait for the entire estate to close, since the sale proceeds can be held and distributed through the estate afterward. Whether court approval is needed for the sale itself depends on the type of administration the estate is under.
What if my siblings and I don't agree on what to do with the house?
This is one of the most common reasons a probate case stalls. Sometimes one heir buys out the others' interest; sometimes a sale to an outside party with proceeds split according to each heir's share is the practical resolution. If agreement genuinely can't be reached, a partition action is a real (if slower and more expensive) option of last resort.
Am I responsible for the mortgage on an inherited house?
You're not personally liable for a mortgage you didn't sign, but the loan itself doesn't disappear — it stays attached to the property, and payments generally need to continue (from the estate or the heirs) to avoid default while probate and a sale or transfer are worked out.
What if I don't want to inherit the property at all?
Missouri allows an heir to formally disclaim an inheritance, which passes your share to the next eligible heir under the will or intestate rules — but it has to be done correctly, within the required timeframe, and before you've accepted any benefit from the property. Talk to an attorney before assuming this is the right move; it has real tax and legal implications.
Can I still sell my house if I'm behind on payments?
Yes. In fact, resolving the situation before the auction date is often the only way to salvage your equity and protect your credit from a foreclosure hit — once a Notice of Default is filed, the priority is moving quickly, not waiting to see if things improve on their own.
How far behind do I have to be before foreclosure actually starts?
It varies by lender, but a formal Notice of Default is typically filed after a loan has been delinquent for several months, and Missouri's non-judicial foreclosure process can move faster from that point than foreclosure processes in states that require a court case. The specific timeline is in the notice itself, and it's worth confirming the actual sale date rather than assuming.
What's the real difference between a short sale and just letting the house go to foreclosure?
A short sale is a sale you control — you negotiate the terms, choose the buyer, and often secure a deficiency waiver from the lender. A foreclosure removes you from the process entirely once the sale date arrives; the lender controls the outcome, and any remaining debt after the sale isn't automatically forgiven the way it often is in a negotiated short sale.
Will a short sale hurt my credit as much as a foreclosure?
Both hurt, but foreclosure is generally the more severe and longer-lasting mark on your credit — it can affect your ability to qualify for a mortgage for several years. A short sale is still a negative event, but the path back to qualifying for a new mortgage is typically shorter.
What if I owe more than the house is worth?
This is called being underwater, and it's exactly the situation a short sale is built for — negotiating with your lender to accept less than what's owed, and where possible, securing a waiver on the remaining balance so it doesn't follow you afterward.
How much time do I actually have once a Notice of Default is filed?
Less than it feels like, which is why the first step is always pulling the actual payoff figures and sale date rather than guessing. Every option — reinstatement, modification, short sale, or a sale before the auction date — needs real lead time, and that time shrinks every week nothing moves.
What is a title cloud?
It's anything in a property's ownership history or public record that creates doubt about who legally owns it — an unresolved lien, a missing heir who was never formally removed from the deed, or an error in the recorded chain of ownership. Title companies won't insure a sale until a cloud like this is resolved.
What happens if there's a lien on the property I didn't know about?
It has to be identified through a real title search and either paid off, negotiated down, or otherwise resolved before a sale can close — liens attach to the property itself, not to a specific owner, so a new buyer's title company will find it even if the family never knew it existed.
Can I sell a house with an open code violation?
Usually not without addressing it first — many municipalities won't process a title transfer, and title companies often won't insure a sale, with an open violation or an unpaid municipal lien on record. The violation needs to be corrected and formally closed by the municipality before closing.
What if an heir can't be found, or won't cooperate?
If a missing or uncooperative heir holds a legal interest in the property, the cleanest path is usually a quitclaim deed once they're located. When that's not possible, a quiet title action — a court process that formally establishes ownership — may be necessary, though it takes longer and involves real legal cost.
Do old, unrecorded family transfers really cause problems?
More often than people expect. A property that's stayed in a family for generations without every transfer being formally probated and recorded can have a genuinely broken chain of title — something that causes no issue at all until the moment someone tries to sell, refinance, or transfer it.
Do you only work with properties in the St. Louis area?
No — we work directly with families and estates anywhere in Missouri, not just the St. Louis metro. And every service we offer is available nationwide, in all 48 contiguous states, through our established partner network — we remain your single point of contact throughout, not just a referral hand-off. Reach out the same way regardless of where the property is.
Do I have to move out right away?
Not necessarily. Part of our Legacy Concierge service is helping you plan a graceful transition on a timeline that works for your family, not just the fastest possible closing date.
Why should I work with Legacy Homes Solutions instead of a big national company?
We don't just close files; we restore local stability by keeping the expertise, the labor, and the results right here in the St. Louis area — one family point of contact from the first call through closing, not a rotating call center.
Is there any cost or obligation to reach out?
No. A first conversation is just that — understanding the situation and laying out real options, with no obligation to move forward.
Do you handle properties in any condition?
Yes — from move-in ready to properties with serious deferred maintenance, storm damage, or structural issues. The property's actual condition is part of what we assess up front, honestly, so the plan we lay out is realistic rather than a number that gets renegotiated down later.
How fast can this actually move?
It depends entirely on the situation and which tier of resolution applies. An accelerated, clean-equity situation can sometimes close in as little as 10–30 days; a short sale or workout situation moves on the lender's timeline, though the stop-the-clock work starts immediately regardless.
Do you work directly with attorneys?
Regularly. We work alongside personal representatives, estate attorneys, and probate specialists to handle the property side of a case cleanly and keep them informed, without adding to their own caseload.
Still have a question specific to your situation?
Every property and every family is different — tell us what's going on and a real person will follow up, usually within one business day.
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