Can the executor sell the house without permission from the beneficiaries if there isn't a will?

Answer 1

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.

Answer 2

If 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.

Answer 3

Generally, 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.

Answer 4

The executor of an estate has the ability to sell property. As long as the court agrees, the desires of the beneficiaries is secondary.

Answer 5

Yes.