Can property in an open estate be sold?

UPDATED: Aug 8, 2011

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Can property in an open estate be sold?

Two homes in an estate. Home (A) is willed to 1 of 2 co-executors, Home (B) to the other. Executor (A), in possesion of Home (A) wishes to sell. Estate is still open in probate court. Does executor (A) need the permission and signature of executor (B) to make the sale? Can Home (A) even be sold?

Asked on August 8, 2011 Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, the Executors of an estate can do what is necessary to finalize an estate for the benefit of the estate.  It sounds like here the executor is planning on selling the property for their benefit.  The proceeds of the property I believe would then go in to the pot of the estate, as the actual asset no longer exists.  But each state laws vary on the matter.  I agree with you that something is not right and you need to make sure that everything is on the p and up.  I can not tel who you are in this situation but consulting with an outside attorney may be in your best interests,  Good luck.

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