Can you sell a house that is in probate?

And the answer is yes. But you need to get the court’s approval in most cases before you do so. Having a house in probate means that the house is one of the assets of the decedent, the person who recently passed away, and the house is now part of the probate case and under the jurisdiction of the court.

Generally, the executor is the person who is responsible for making sure that assets are first marshalled or determined to be the assets of the decedent, and then the assets ultimately are distributed after the court says it is okay to do so. So you can sell a house that is in probate as the executor. You just need to get the judge’s authority to do so first most of the time.

Quick Question Corner is a video segment where we answer common questions about estate planning and elder law. If you have similar questions, leave them in the comment section and we can feature them in one of our videos in the future.

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