Can a property still in probate be sold?

There are 2 siblings who own their deceased parent’s home and land equally. Then sibling died, leaving their share of the home and land to their 3 children. The property ended up in probate, with many creditors filing claims against the estate. What options are available? Can the property be listed for sale while in probate without the consent of the 3 children of the deceased sibling?

Asked on January 30, 2013 under Estate Planning, Alabama

Answers:

Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Yes a property can be sold either by the administrator or forced by the creditor lien holders to satisfy theirm liens, with any excess distributed to the designated heirs. However, most creditor claims can be negotiated downword.


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