Can I petition the court to allow the sale of the house prior to the completion of the probate of a Will?

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Can I petition the court to allow the sale of the house prior to the completion of the probate of a Will?

I am executor and sole beneficiary of my mother’s Will. I was in the process of selling my mother’s house out of state unaware of the need to have her Will probated. I have started the probate process but also have a buyer for the house. Also, is there any implication of having a Will from another state?

Asked on May 10, 2013 under Estate Planning, North Carolina

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  The probate process can indeed be confusing and overwhelming especially in light of the loss of a loved one. Although it would be best to ask your lawyer for probate, once you are appointed as the Personal Representative of the estate you can sell the property if it is in the best interests of the estate as part of the probate process, meaning you do not have to wait until probate is completed.  Wills properly executed in one state are generally valid in another and as long as they do not violate the laws of the state in which they are probated.  Good luck. 


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