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An heir may sell property by deed if the estate has been duly probated and the heir acquired all the interest in the property under the will. The estate must be probated in order for title to the real estate to pass legally to the heirs.
If the estate has not been probated the deed would be null. If the estate was probated and the heir did not inherit a 100% interest then her/his deed would only convey the proportionate interest they own.
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