Can I petition the court to allow the sale of the house prior to the completion of the probate of a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 10 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.
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 AttorneyPages.com 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.