Can you sell personal property of the deceased?

Answer 1

The executor of their estate is responsible for this, an executor is usually appointed by the probate court. They have power of attorney to care for all assets, property and investments.

Local laws and regulations will determine how the executor makes the sale: public auction or private sale, and choice may depend upon whether there are liens on the property (mortgage, taxes, judgments, etc) that exceed the fair market value. A contested will might delay the sale indefinitely.

Answer 2

Several issues here:

First, a deceased person doesn't have a house or anything else - the estate automatically owns everything the person owned the moment a person dies, with a few exceptions.

Second, a trust is a different legal owner, and the trust did not die.

Third, the revocable trust was only revocable until the person died, and contained whatever property the person put into the trust, either during his or her life, or as part of the person's final will and testament.

Forth, the rules of the trust will determine how and when the house can be sold, but only if it is part of the trust. Otherwise, disposition of the house will be according to the ordinary laws of probate and inheritance for the state where the person lived.

Answer 3

The executor or estate administrator will need to apply for a Grant of Probate in the UK. In the US the court will issue Letters Testamentary to an executor or Letters of Administration if there was no will.

Generally, in the United States, there are only two ways a court appointed executor can sell the real property. The permission to sell real estate without license of the court must be granted in the will. If that power is not granted in the will then the executor must obtain a license to sell from the court. A court appointed administrator must obtain a license to sell from the court.

Answer 4

When a decedent dies owning real property their estate must be probated in order for legal title of the real estate to be transferred to heirs or third party purchasers. Some testators grant the power to sell real estate to the executor of the will. Many do not. In that case the executor must petition the court for a license to sell the real estate.

If the decedent died intestate, an administrator must be appointed to settle the estate and the administrator must petition the court for a license to sell the real estate.

Either way, the estate must be probated.

Answer 5

You need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will and only certain people qualify to be appointed in that office. There are two approaches to selling the real estate. You could request a license to sell the real estate from the court. You could wait until the estate is settled and the heirs-at-law can sell the real estate. However, the proceeds cannot be distributed until the debts of the decedent have been paid.

Probating an estate that contains real estate can be complicated. You should consult with an attorney who specializes in probate law who can review the situation and explain your options.

Answer 6

If you are the executor of the estate, then yes. However, I would advise you to contact the beneficiaries of the estate to ensure they have no claim or want for the personal property.

Answer 7

Your really can't sell real property without going to probate. That is the only way to transfer the deed.