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There are assent forms that should be available at the probate court in case you need to apply for a license. Generally, an executor needs a license from the court to sell the real estate or the power granted in the will to sell real estate without license of the court. Filing assents from all the heirs, if you don't have power in the will, will make the application for a license go more quickly. The rules may vary from state to state.

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15y ago

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Can an executor sell estate property without obtaining approval from all beneficiaries?

No, an executor cannot sell estate property without obtaining approval from all beneficiaries.


If in the will the estate is to go to all six children and one of them is the executor can he sell without the others approval?

The executor of the estate has the power to settle the estate. That includes the sale of property. He does have to justify all his distributions to the court.


Can your sister the executrix sale your deceased dad's home without sibling signatures?

The siblings' signatures are not required. The executor acts on behalf the estate. They have the power to transfer title, though they may require court approval.


Is an executor entitled to a commission on the estate if the home is left to him and the money is to be distributed among 3 siblings?

No. The executor gets no commissions. They get paid a fee set by the state.You need guidance from the attorney who is handling the estate. An executor is personally liable for mishandling estate property or funds.


How do siblings file for parent assets after death with no will?

Petition the court to open the estate. They can ask that one of the children be appointed as the executor. The court will issue a letter of authorization to the executor to inventory and clear out the estate.


Does the courts take over or appoint an administator of and estate in the case of 2 siblings not agree on one The estate in question has no will?

The court will appoint an executor, at the expense of the estate.


Can one be an executor of probate but not the estate?

There is no executor of probate. The executor of the estate executes the will and probates the estate.


How can an executor collect their commission from an estate?

An executor can collect their commission from an estate by first reviewing the will or state laws, which typically outline the compensation allowed. Once the estate has been settled and debts and taxes paid, the executor can calculate their commission based on the value of the estate assets. They should then prepare and submit a detailed accounting of their services and expenses to the court for approval, after which the commission can be disbursed from the estate’s funds.


What is the executor of estate for the Titanic?

What is the executor of the estate for the titanic?


Can the executor of an estate set the price of the real estate of the estate?

In New York an Executor can set the price of the real estate of the estate. However the price should be close or at the market value. Oftentimes in New York an Executor must have the sale approved by the Court. The Court will then look to see if the price is reasonable. The Executor will have to submit various documents to support his request to sell the real estate at the price s/he he set (i.e. appraisal, tax assessment, etc.) So, the answer is yes the Executor can set the price, but oftentimes subject to the approval of Surrogate's Court.


Can an executor of a will put a freeze on it so that money will not be distributed?

Yes, they have the power, with the court's approval, to freeze the estate. There may be other claims against the estate that still have to be resolved.


How much does the executor get paid in Kansas?

In Kansas, the executor is entitled to a fee for their services typically based on a percentage of the value of the estate. The amount of compensation can vary and is subject to agreement between the executor and the beneficiaries or approval by the court. It is recommended to review the specific details of the estate in question and consult with legal counsel for guidance.