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We filed a lien and the home is in probate how does this affect our collection process?

South Carolina

We filed the lien and the home is in probate.

1 reply

Jan 15, 2021

A property going into probate can complicate or even frustrate the collection process. But, generally, a property being in probate won't affect the validity of a mechanics lien already filed against the property. Still, it's important to identify and contact whoever is in charge of the estate (called the "executor") to try and resolve the lien claim. That way, they're fully aware of the debt and will take the lien into consideration while settling the estate. It should be in their interest, too, because it will clear up a debt for the estate and they'll want the property in probate to be free of liens.

So, step one is likely to contact anyone associated with the estate to make sure they're aware of the lien, most especially whoever is leading the charge . For additional background on getting paid after filing a lien: The 4 Steps to Take After Filing a Mechanics Lien.

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