Do all siblings have to agree to sell inherited property or can the executor sell the property without their consent?

Answer 1

Yes. If you disagree you would need to file an objection to the court. There would be a hearing and the judge would decide if your objection was serious enough to stop the appointment. If so, another executor would be appointed. If the decision is not in your favor the sibling would be appointed.

Answer 2

Yes and no.

The administrator or executor (collectively called the personal representative) of a probate estate (as opposed to a trust administration) is granted authority under state law to perform certain acts in administering the estate. Most states require that the representative give notice to the heirs before performing certain actions and may require the probate court to approve the action, providing the heirs an opportunity to object. Other decisions may be made without notice or court approval.

Out here in California, the representative must seek court approval of a sale of real property unless they are granted independent authority under the Independent Administration of Estates Act (IAEA.) But, keep reading.

Even a representative with IAEA authority must still provide a Notice of Proposed Action (NOPA) to the heirs regarding the sale. If an heir objects to the NOPA, the representative must seek court approval. Also, the heir has a right to ask the probate court to restrain the representative from selling the property.

You should consult with an attorney in your state regarding your rights if you have a question or problem with the sale of the estate's real property.

Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.

Answer 3

A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.

A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.

A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.

A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.

Answer 4

Yes. The administrator or executor must be appointed by the court. Once they have been appointed they have the legal authority and responsibility to make the decisions that are necessary to settle the estate according to the terms of the Will and the state probate laws under the supervision of the court. Although they may include family members in the decision making as a courtesy, they do not need the consent of all the family members to act, especially in cases where the family members can't agree. It is the duty of the estate representative to take charge and settle the estate.

Generally the personal representative of the estate must obtain a license to sell the real estate unless that authority was granted in a Will.

Answer 5

A court appointed executor can request a license to sell the real estate. The heirs would have the opportunity to object but if the property needs to be sold to pay the debts and costs of the estate then the court will likely issue the license to sell.