Can you sell a home while it is still in probate?

My mom died and her home has been in probate for 7 months. I was told that I can still sell it. I don’t understand how I can sell it, if I legally don’t own it for 7 months? So, if I do sell it? Are there any contingencies placed on the sale that holds back money or ownership for 7 months?

Asked on June 27, 2012 under Estate Planning, New York


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

No. Since you are not the record owner, you cannot sell.  If you are the beneficiary in the will, the executor must file a deed giving you title. 

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