Does the executor of an estate have complete control of selling the house when there are2 other people named in the Will?

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Does the executor of an estate have complete control of selling the house when there are2 other people named in the Will?

Asked on December 5, 2011 under Estate Planning, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the executor of a Will has the complte control of selling a home that is an asset of the probate estate depends upon what powers the Will gives the executor to act on behalf of the estate. If the powers to the executor are not specified, then it is the probate court which per issued order sets up how a home is to be listed and sold which is an asset of the estate.

Typically all offers for the purchase of real estate that is an asset of an estate must be approved by the court per statute. I suggest that you read the Will of the estate you are writing about to see what powers the executor has concerning the sale of real property belonging to the estate.


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