Q: what happens if an estate currently in probate, with motion to sell immediately has delinquent taxes on it

A: Thank you for your question!

It would stay the foreclosure after providing proof of the successors of interest that the property is going to be sold. The tax due amount will be deducted from the sale proceeds before its distribution.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

A: If an estate in probate has delinquent taxes and is scheduled for a public tax auction, the situation can become complicated. The tax authority may proceed with the auction to recover the owed taxes, even if the estate is in probate. This means the property could be sold to a third party if the taxes are not paid before the auction date.

However, if a motion to sell the estate immediately is already in place within the probate proceedings, the court may prioritize the sale to address the tax delinquency. The proceeds from the sale can be used to pay off the delinquent taxes and any other debts, with the remaining balance distributed according to the will or state law.

It's crucial to act quickly to coordinate with the probate court, the estate's executor, and the tax authority to resolve the delinquent taxes before the auction. This might involve negotiating a delay of the auction or ensuring the sale of the property within probate proceeds swiftly enough to cover the outstanding taxes. Taking prompt action can help protect the estate's assets and ensure a smoother probate process.