The executor is authorized to represent the estate. That includes the ability to sell real property that is in the estate.
Only the guardian can sell, or the children when they are 18+.
It goes into the deceased's estate.
The estate of the deceased is required to pay any and all taxes on property held by the estate.
If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.
An insolvent estate is a the property of a deceased individual that has more debts than assets. Often the property must be sold to cover those debts.
The estate is responsible for the debts of the deceased. If there are no assets in the estate, the debtors are not going to be able to collect. This can be challenging. If the deceased owned a house, the house would be sold to pay the debts. Cars, bonds, stocksand other personal property could also be sold to come up with the money.
If there is any other property such as real estate then it must be sold to pay the debts. If there are no assets the estate will be deemed insolvent by the court and the creditors are out of luck.
A home that is subject to a life estate cannot be sold without the written consent of the life estate holder.
Then the estate is sold to cover the debt, and the "inheritors" are usually hit up for the rest.Another View: If the assets of the estate are insufficient to satisfy the debts of the deceased... UNLESS any of the heirs actually signed documents obligating themselves for their payment, once the assets of the estate are exhausted they are under no legal compulsion to pay off the deceased's debts.
The decedent's estate must be probated in order for legal title to pass to his heirs under the provisions in the will or according to the state laws of intestacy if there is no will. You can check the laws of your state at the related question link provided below. Once the estate has been probated the property can be sold by the heirs.
A property that is encumbered by two life estate cannot be sold or refinanced without the written consent of the life estate holders.
The estate has a responsibility to pay off the debts. If there are assets to do so, they must be used. The estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.