Do I have to take ownershil of an intestate property after the death of my mother, just to sell it?

UPDATED: Sep 30, 2022

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Do I have to take ownershil of an intestate property after the death of my mother, just to sell it?

She passed away in another state without a Will, so I inherit the property. I want to sell it. Do I have to take ownership until its sold or can I sell it off before taking ownership?

Asked on September 20, 2016 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Her estate can sell the property, if doing so is in the interest of the estate (i.e. in the interest of the heirs): it will be sold by the personal representative (the one appointed by the probate court, who has the letters of administration or letters testamentary) and the proceeds will go into an estate account (and will have to be properly accounted for), to them be distributed to the heirs per the rules of intestate succession. Doing is not something a layperson wants to do on his or her own--there are a lot of rules to comply with. You are strongly recommened to hire a probate attorney to help you, but to answer you question: no, you don't need to wait until you take personal ownership, but rather the estate can sell the property in the meantime.

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.

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