Can the personal representative of a deceased person sell their home if the home is still in the deceased’s name?

UPDATED: Aug 31, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 31, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can the personal representative of a deceased person sell their home if the home is still in the deceased’s name?

Is there a time limit ? It’s been 4 years since the person passed.

Asked on August 31, 2014 under Estate Planning, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  The Personal Representative of the decedent is appointed by the Probate Court to deal with the estate and has great power to transfer assets as need be. If an estate is large then it could take time to sort things out.  4 years is a long time, though, and the PR should check to see if they need have newer Letters issued by the court affirming their position, so to speak. For transfer the property would go from the deceased's name to the new owner via "executor's Deed" so that part of your inquiry sounds right in general.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption