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No. There are legal aspects regarding a sale of real estate by an estate that are not a concern for a general sale of real property.

Any estate that has real property must be probated in order for legal title to pass to the heirs or to the estate representative. The court must appoint an estate representative to carry out the provisions in the Will, if there is one, and to settle the estate according to the laws in the jurisdiction. In most jurisdictions in order to sell the real estate the estate representative must have that authority granted in the Will. If that is not the case then the ER must obtain a license to sell from the court.

Those factors often delay a closing when the seller has not been informed of the legal requirements for selling property by an estate. The lack of authority to sell the premises is often disclosed by the title examination ordered by the buyer's attorney and the sale must be postponed until the estate is probated.

The interested parties should always consult with an attorney who specializes in probate to help guide the probate process.

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