That is normally part of the process of settling an estate. The items have to be fully inventoried and assessed and sold at fair market value.
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
The executor makes the call. They have to get the approval of the court to sell real property, so personal property is easier. Consult a probate attorney in your area for assistance.
If the property rightfully belongs to the spouse, then yes they can sell it. If they do not rightfully own the property, then they cannot legally sell the personal property.
No, an executor cannot sell property without going through the probate process.
yes
Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.Yes, but the grantee should make certain the personal representative has the legal authority to sell the real estate and transfer legal title to the property. The best way to do that is to be represented by an attorney who specializes in real estate and probate law.
You haven't provided enough details.Have the heirs requested that the executor sell.Was the executor instructed to sell in the will.Was a license to sell issued by the probate court.Is the estate settled.If the executor was ordered to sell and hasn't made arrangements to market the property then you should complain to the probate court to compel them to carry out their duty or ask they be replaced. If the probate process is completed and the executor was under no obligation to sell the property, title has vested in the heirs and they can sell the property.
The executor has the responsibility to maintain the value of the estate. In some cases this will include renting property. If there is any doubt about whether this is a good idea, they can request permission from the probate court to do so.
Generally, the heirs cover the expenses and get reimbursed when the property is sold.
Not legally. In order to sell real property, someone has to have the authority to do so. Without a letter from the probate court, such a transfer would not be legal.
NO. . because it is your property. . they can sell it only if you say so. .
The persons who are authorized to sell the real estate of a decedent are named in the probate file at the court of jurisdiction.