Legal Question in Wills and Trusts in Connecticut

Re: Force Real Estate sale in probate ?

Yes, the probate court is required to do what is in the best interests of the estate. Often, a Last Will & Testament says that the property shall be distributed equally, with no details on how the division should happen. In such a case, the executor(s) need to propose to the court the plan to carry out the decedent's wishes under the will. If the executors cannot agree, the probate judge will listen to the arguments on both sides and decide what would be in the best interests of the estate, in order to carry out the decedent's wishes.

The direct answer to your question is, yes, if the co-executors disagree about how to proceed, it is best to put the question to the probate court and let the judge decide.

Your attorney can also help you mediate with the other co-executor, to figure out a solution that works for everyone. Often, one co-executor does not want to sell the property for sentimental purposes, and a non-confrontational discussion can help bring this issue to light. In such a case, that heir can purchase the property from the estate.

In my experience, I've found that most disagreements over the distribution of assets in probate court are due to emotional reasons, and just giving everyone a chance to air where they are coming from can help bring the real issues to light.

Best of luck. This is a usually a difficult time for the beneficiaries of an estate. If my office can help you develop some creative solutions to your issues, please let us know.