Can real estate be sold while in probate?
We have several potential buyers on a house that is in probate. Can we still sell? The attorney seems to be too busy to get things going and the clock is ticking on these buyers.
Myself and sister are co-personal representatives of the estate.
Absolutely, you can sell it. You two are the personal representatives and can do anything you want with the estate. The issue is whether the other heirs will protest the sale. If you sold it for fair market value, you have no liability. This is what you do: Go to a stationary store and buy a deed form. Re-title it as "Personal Representatives' Deed." Deed the property to yourselves as personal representatives of xxxxxx's estate. Then, choose your buyer and sell it. In my state, you do not need permission from the probate court after you've been appointed. You do have a fiduciary duty to the other heirs, so you must make sure it's a fair sale. This is how it's done in MY state. If your state has the Uniform Probate Code, it has the same rules.
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