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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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