As executor, what’s the best way to sell the family home?

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As executor, what’s the best way to sell the family home?

I am executor of our father’s estate – his home, approximately 4 acres, and interior items. The estate will be divided between my brother and I. He has had an estate sale for interior items and little sold because he is asking extreme prices. I need to sell these items, as well as the home which again he believe is worth more than the

market value. He had an appraisal done. I thought another appraisal should be

done and choose a listing price between the appraisals. He is now refusing to pay

1/2 the taxes and upkeep if it doesn’t sell for what he expects. We offered to buy

him out, yet he won’t give us a resonalble number. As the executor what would

your advise be to me?

Asked on February 14, 2017 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are the sole executor and the probate court has already vested you with the general authority to handle the estate, you can proceed to sale the estate at values you see fit.  However, if you are concerned about family backlash from your brother, then seek a temporary order from the probate court which gives you specific direction and authority to sell everything and at what price (or price range).  It usually helps if you have a realtor come in and assist.  They can usually help calibrate the parties on what is a fair listing price.  If the amount is challenged later, then the realtor will be your witness that the sale price was reasonable.  For the contents of the house, you can reach out to a service to host the estate sale for you.  Again, the advantage is that they are presumed to know fair market values, which will give you some high cover later if anyone challenges the sale values later. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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