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Can the executor sell the house without permission from the beneficiaries if there isn't a will?
Wiki User
∙ 11y ago
That is one of the responsibility of the executor, to liquidate the assets of the estate and divide them according to his/her interpretation of the intention of the will. The executor need not ask permission of any other siblings so long as the results are anything near the original intent of the will. The executor is required to provide a full inventory and accounting to the probate court as part of the final settlement.
Wiki User
∙ 17y ago
Wiki User
∙ 11y agoIf there's no will, then there's no executor, nor any beneficiaries. Instead, an administrator will be assigned to distribute the deceased's estate. As there's no will, there's no instructions to follow apart from those set down by law.
A few things are exempt from this administation, most notably houses that are joint owned. These will pass immediately to the surviving spouse.
If the house is owned entirely by the deceased, then the house may indeed be sold by the administrator to pay the deceased's debts, and he doesn't need any permission from anyone to do this. Only after these, is the rest of the estate distributed to the deceased's heirs.
United States
As stated above an administrator or personal representative must be appointed by the court for an intestate estate. Generally, an administrator must obtain a license from the court to sell the real estate.
Wiki User
∙ 14y agoGenerally, An executor can sell the real estate if they were given power to sell it in the will or if not in the will, they can sell if there is a reason to sell. The most common reason is to pay debts of the estate. If there are no debts of the estate, and all the beneficiaries want to retain the property, they should have the right to do so. Without more details, no one can provide an exact answer. If you still have questions you should consult with an attorney who specializes in probate law in your area who can review your situation and determine what rights and options you have.
Wiki User
∙ 10y agoThe executor of an estate has the ability to sell property. As long as the court agrees, the desires of the beneficiaries is secondary.
Wiki User
∙ 11y agoYes.
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Can anyone other than the executor of the will put the house on the market or sell it without the executors permission?
no
Can a person sell a house without the executor's permission?
The person who owns a house can sell it whenever they wish. The executor only controls property of someone who has passed away.
Can an executor sell a house in pa without all the beneficaries approving if the will states the executor has the right to sell any and all property but doesn't mention the approval of all?
The executor is responsible for executing the will. The approval of the beneficiaries is not a requirement.
As sole executor of will can you be forced to sell house by the other beneficiaries?
As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.
Can executor sell house against beneficiaries will?
As long as the court agrees, yes they can. The beneficiaries cannot prevent the estate from being settled.
Can four siblings over rule another with the sale of deceased parents house?
If all four siblings are listed as legal owners of the deceased parents' house, then decisions regarding its sale would typically require unanimous agreement. If one sibling is able to establish power of attorney or has been assigned as executor of the estate, they could potentially make decisions on behalf of the others, but this would depend on the specific legal arrangements in place.
Can an executor sell house against wishes of beneficiaries if liquidation of the house is not necessary to cover estate expenses or taxes?
If the power to sell real estate was granted in the will then the executor has the power to sell it. However, if ALL the beneficiaries agree that the property should be retained they should insist the property not be sold. Remember that the beneficiaries own the real estate. If the executor proceeds to try to sell the property the beneficiaries should petition the court to review the matter ASAP.
Both parents passed away and gave executor of the will to the neighbor son has been living in foster care does he have a right to go in the house?
Not without the permission of the executor. They are responsible for making sure the estate is maintained.
Can the benificaries who is under aged kick the executor out of the house?
The beneficiaries, particularly minors, do not have the authority to do so. The executor has the responsibility to take care of the estate. That includes the property and who lives there.
Is it legal for an executrix to change the locks in a house without telling the beneficiaries in PA?
The executor of the estate has the duty to maintain it. That means making sure that things stay intact and nothing goes missing.
Can an executor allow a house to be foreclosed on if there is no money in the estate to pay monthly mortgage?
Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.
Can an executor of an estate sell the house for an amount that is not agreed upon?
United StatesYes. The executor must be appointed by the court. Once appointed they have the authority to settle the state according to the provisions in the will and state laws regarding estates. They do not need the permission of the beneficiaries to act once they have been appointed. That is the purpose of having an executor. If they needed the permission of the beneficiaries, the probate process would be unnecessarily complicated and might never be completed.Generally, the executor must act expeditiously and in the best interest of the estate. They cannot sell property for less than fair market value unless they have that power granted in the will or have a good reason to support their actions. The executor is personally liable for any waste to the estate caused by their actions. If permission to sell the real estate was not granted in the will the executor must obtain a license from the court.
