Executors often need to sell estate property, but the rules depend on the will, state law, and court approval.
Whether an executor can sell the deceased's house depends on what the will says, what type of administration the court granted, and state-specific rules. In many cases, the executor does have authority to sell — but not always without restrictions.
The will grants broad powers. Many wills specifically grant the executor authority to sell real property without court approval. If the will includes language like "full power to sell" or "independent administration," the executor typically can list and sell the home.
Independent administration. In states that offer independent administration (Texas, Illinois, California, and many others), the executor can sell property without court approval as long as the will or court order grants this authority.
Sale is necessary to pay debts. If the estate doesn't have enough liquid assets to pay debts, taxes, or administration expenses, the executor may need to sell real property — even if the will doesn't explicitly authorize it. Courts generally approve sales that are necessary for estate administration.
Dependent or supervised administration. If the estate is under court supervision, the executor typically needs court approval before selling real property. This adds weeks to months to the process.
The will directs property to a specific beneficiary. If the will says "I leave my house to my daughter," the executor generally cannot sell the house over the beneficiary's objection unless the sale is necessary to pay debts.
State law requires it. Some states require court confirmation for any real property sale during probate, regardless of what the will says. California is notable for its court confirmation process, which includes an overbidding procedure.
If you're a beneficiary who was supposed to inherit the house and the executor wants to sell it, you have rights. The executor must act in the estate's best interest, sell at fair market value, and follow proper procedures. If you believe the sale is unnecessary or the price is too low, you can object in court.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
This is called 'self-dealing' and is generally prohibited or heavily scrutinized. An executor has a fiduciary duty to act in the estate's best interest. If they want to buy the property, it must be at fair market value with full disclosure, and beneficiary consent or court approval is typically required.
If the will leaves the house to you specifically, the executor generally cannot sell it unless necessary to pay debts. If the will gives the executor discretion, you can still object in court if you believe the sale is unnecessary or the terms are unfair.
In addition to the normal real estate timeline (listing, showing, negotiating, closing), probate sales may require court approval — which adds 4-8 weeks in states that require confirmation hearings.
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