Can a house be sold during probate?

Yes. Probate property can often be sold during administration, although the procedures and level of court supervision may vary depending on the authority granted to the executor or administrator. In some cases, court confirmation may be required, while in others the representative may act more independently.

Real estate sales during probate frequently involve valuation issues, timing concerns, beneficiary expectations, disclosure obligations, and tax considerations. Additional complications can arise if family members occupy the property or disagree about whether it should be sold.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.