How do I go about selling my father’s real estate and vehicle after probate has concluded?

UPDATED: Oct 2, 2022

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How do I go about selling my father’s real estate and vehicle after probate has concluded?

All the property is in my father’s name. Will I be given paperwork that allows me
to sell the property. How does this work? Or should I have the property put in my
name during probate?

Asked on July 30, 2019 under Estate Planning, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

During probate, you will be given the authority, either as executor (if he had a will naming you executor) or personal representative or administrator (either term might be used; if he had no will but you applied, as his child, to the court for this role) to transfer or sell the property. If there are other heirs or beneficiaries, you should use the authority to sell his assets during probate, then divide the money as required among the heirs and beneficiaries. If you are the only heir or beneficiary, you can sell the assets during probate and distribute the money to yourself or else transfer the assets to your name if you'd rather keep the real estate and/or car.

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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