If my mother passed away and my sister was named executrix, can she sell the property without going through probate?

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If my mother passed away and my sister was named executrix, can she sell the property without going through probate?

In the Will, it states that she can sell and distribute any property under her sole discretion. She does not want it and the land connects to my property. She does not have any outstanding bills or anything like that. The property is all that is left.

Asked on August 6, 2013 under Estate Planning, Tennessee

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  If the property is solely in your Mother's name then yes, the WIll has to be probated in order to be able to transfer the ownership to a buyer.  It is only when property is jointly held with "rights of survivorship" does it pass automatically under the law.  Your sister needs to be appointed as Executor in order to execute a deed to sell the property.  Good luck.


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