How can estate personal rep buy condo from estate?

UPDATED: Oct 1, 2022

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How can estate personal rep buy condo from estate?

Condo no mortgage or liens is in probate brother died with no will. My sister was appointed personal rep for the estate. She wants to buy it from the estate and I don’t object there are only the two of us as heirs. She wants a warranty deed rather than a quitclaim deed. What needs to be done forms, etc. for her to buy this condo from the estate and do I, as the other heir, have to submit anything for her to be able to do this?

Asked on February 3, 2019 under Estate Planning, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) She buys it from the estate as she would from any other person; being the personal representative gives her the authority to sell the property. She likely needs to include her authorization as PR among the papers on the selling side, but that's really the only difference. So she should, as executor, hire a realtor to help her sell, the same as she would if she were selling her own property.
2) As heir you don't need to do anything if, as you state, you are not objecting.

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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