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Updated almost 3 years ago on . Most recent reply

User Stats

18
Posts
12
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Chris Adamski
  • Rental Property Investor
  • Gilbert AZ; Upstate SC; Janesville, WI
12
Votes |
18
Posts

Probate Property Subject To

Chris Adamski
  • Rental Property Investor
  • Gilbert AZ; Upstate SC; Janesville, WI
Posted

I have searched through the forums and am unable to find direct answers.  I am very familiar with the probate process as well as how to purchase properties subject to.  My questions are in regards to the exact steps for taking a property in probate using sub-to.  

I understand the PR has the authority to sell the property. However, prior to probate closing and estate distribution, with the property still being in the decedent's name, the PR cannot sign a POA - only an authorization to release information. Without a POA, how can I get any of the account information changed? Mailing address, new insurance policy, etc.?

Would I need to wait until the title transfers into the PR's name before being able to purchase using sub-to? I'm assuming at the point of transfer, the PR (now being the owner of record) would be able to sign a POA to allow me to make necessary changes on the mortgage account.

I'm likely overthinking this but just can't wrap my head around how to make this happen.  Can anyone outline the process for buying a probate property sub-to?  Thank you in advance!

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