When can probate real estate be sold?

Real estate can only be sold during probate in specific cases. If there is no will, the court-appointed administrator may choose to sell the home and distribute the cash to heirs, especially if there are multiple heirs. There may be compelling reasons to stop this sale by an administrator, such as one sibling buying out the others to keep the home.

If there was a will, the executor has more limited power to sell real estate. In most states, it depends on whether the will left the property to a beneficiary. If the will left the home to multiple beneficiaries, the executor can sell the home and distribute the proceeds equally among the beneficiaries.

An executor can usually sell the home without the consent of the beneficiaries if the will does not disallow the sale or specify who should receive the home.

Note: before real estate can be sold or even listed, the executor must be officially appointed by the probate court.