In Pennsylvania, usually yes — once the Register of Wills issues your Letters. Here’s exactly when you can sell, and when you need court approval.
Yes — in most cases you can sell before probate is finished. Once the county Register of Wills issues your Letters Testamentary (with a will) or Letters of Administration (no will), you have the legal authority to list the property, accept an offer, and sign the deed for the estate. You do not have to wait for the estate to fully close. The one thing you cannot do is act before those Letters are issued.
If there is a will, the person it names becomes the executor and receives Letters Testamentary. If there is no will, the court appoints an administrator and issues Letters of Administration. Either way, the Letters are what a buyer’s title company needs to see — they prove you are allowed to sign for the estate.
Most wills written in the last few decades grant a power of sale, which means you can sell without going back to court. You generally need Orphans’ Court approval when there is no will, when the will says nothing about selling, when the property was specifically left to a named person, or when heirs disagree. A probate attorney will tell you which situation you are in — and I work alongside them so the sale and the legal side stay in step.
Yes, in most cases. Once the Register of Wills issues Letters Testamentary (with a will) or Letters of Administration (no will), you have authority to list, accept an offer, and sign the deed for the estate. You do not wait for the estate to close. What you cannot do is act before those Letters are issued.
Not if the will grants a power of sale, which most modern wills do -- then you can sell like the owner could have. You generally do need Orphans' Court approval if there is no will, if the will is silent on selling, if the property was specifically left to a named person, or if the heirs are in conflict or the buyer is a family member.
The Register of Wills appoints an administrator (a surviving spouse usually has first right) and issues Letters of Administration. An administrator may have to post a bond. Selling is allowed, but because there is no power-of-sale language, a petition to Orphans' Court is often filed to protect against later challenges by heirs.
Yes. The inheritance tax is due nine months after death and becomes a lien the title company clears at closing, usually out of the sale proceeds. You do not have to pay it out of pocket first to list and sell.
You do, as executor or administrator, using the authority from your Letters -- not the heirs individually, as long as the estate still holds the property. Your title company will want a certified copy of the Letters (often called a short certificate).
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