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There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.

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14y ago
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9y ago

No one has the ability to sell a house he doesn't own. But an executor can sell the property of the estate.

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Q: What if the executor does not want to sell a house in the will?
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Related questions

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 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.


How to sell a house after a parent dies?

You have to open an estate. The court will then appoint an executor. The executor will have the letter of authority that will, with the court's permission, sell the real property of the estate.


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.


Can the executor sell mom's house before her death?

They certainly may not sell it before her death! They have no power to do anything.


Can you as the executor make people move out of the house to be sold?

You certainly have the right to do so. The property belongs to the estate. The executor has the ability to sell the property.


Does executor have ruling over sale of house in an deceased estate?

The executor has the ability to sell real property in the estate. The probate court will have to approve the sale.


Can anyone other than the executor of the will put the house on the market or sell it without the executors permission?

no


Can your brother sell your recently passed parent's house?

Only if he is the executor of the estate and has court authorization.


Does executor have right to sell house if you own half?

If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.


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.


Can the executor pay the mortgage and sell house?

Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.Yes but generally the executor must have the right to sell real estate granted in the will or must obtain a license to sell from the court. Some jurisdictions allow the executor to sell the real estate without obtaining the fore-mentioned authority.