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The estate must be probated in order for title to the property to pass to the heirs legally. The court must appoint an executor who will have the authority to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. Probate laws require a notice to be published in the local newspaper to notify the world of the probate proceeding. Each state has a time period during which creditors can make a claim against the estate. The debts of the decedent must be paid before any property can be distributed to the heirs.

Once the period for creditor claims has passed the executor can sell the property if that power was granted in the will or if the executor obtains a license to sell from the court. Otherwise, once the estate has been settled and the heirs have acquired legal title to the property they can sell it.

You should consult with an attorney in your area who specializes in probate law.

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15y ago

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