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The answer depends on the provisions in the Will.

Generally, the executor is authorized by the court to manage the estate according to the instructions set forth in the Will. In many Wills the testator grants the authority to make decisions about the real estate to the executor. In other cases property is specifically devised to a beneficiary and the executor cannot sell it unless the sale must be done in order to pay off the debts of the decedent. The debts must be paid before any property can be distributed to the heirs.


An executor can also request a license to sell real estate from the court if the heirs cannot agree and the power of sale was not granted to the executor in the Will.


The proper way to refer to property owned by a decedent is estate property.

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9y ago

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