Can you sell a home while it is still in probate?
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Can you sell a home while it is still in probate?
My mom died and her home has been in probate for 7 months. I was told that I can still sell it. I don’t understand how I can sell it, if I legally don’t own it for 7 months? So, if I do sell it? Are there any contingencies placed on the sale that holds back money or ownership for 7 months?
Asked on June 27, 2012 under Estate Planning, New York
Answers:
david slater / david p.slater, esq.
Answered 12 years ago | Contributor
No. Since you are not the record owner, you cannot sell. If you are the beneficiary in the will, the executor must file a deed giving you title.
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