Legal Question in Wills and Trusts in Pennsylvania

can you sell a house in probate when there is no will?


Asked on 11/09/13, 12:11 pm

1 Answer from Attorneys

It depends. There can be probate of an estate when there is no will. So that is not relevant. All it means is that the heirs under the intestacy law will inherit.

The real property can be sold if necessary to pay any estate debts. Is this necessary? Who are you? A beneficiary? Or the personal representative?

If a beneficiary, have you talked to the personal representative? If the personal representative, have you talked to the beneficiaries?

Title to real estate passes to the beneficiaries as of the moment of death. However, the personal representative takes charge of any real estate and would have the power to sell if it is necessary. Or the personal representative can make an early distribution of the property to the heirs and let them do with it what they want.

You do not indicate when the estate was probated, who the personal representative is if not you, how many beneficiaries there are, what the property is worth, if its mortgaged, and what other debts and assets there are in the estate. Without knowing these things, I don't know if the property can or should be sold.

If you are the beneficiary, then you need to speak to the personal representative. If he/she will not talk to you then you need to hire your own local probate attorney to review the file an advise you. If you are the personal representative then you need to at least consult with a probate attorney regarding the assets and debts and possible sale or distribution of the estate. Ideally, the probate attorney should be one who practices in the county where the estate is pending.

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Answered on 11/10/13, 5:30 pm


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