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Can the PR sell the property before the probate has closed.

Washington, DC |
Filed under: Real estate Probate

my father past and I am the pr, need money to pay debts and I have someone to buy property now.

Attorney Answers 4

Posted

Unless the house is a specific bequest and there are other estate assets to pay estate bills, you call sell the house for estate expenses. The sale proceeds need to go into the estate account and cannot be used for your personal debts unless you have authority to make a partial distribution.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

I recommend that you consult with a local attorney before selling the property. Some states require that you obtain a court order allowing you to sell the property prior to sale.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting.

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Posted

That's your job as PR... sell the stuff, pay the bills, distribute the left-overs...

This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first. Here's how you can hire me! #1 Call: 1-888-463-2843 #2 Email: david@davidcarrierlaw.com #3 See me on TV! www.woodtv.com - go to the Ask the Expert tab! #4 Listen to my radio show (2 full hours every week!) www.woodradio.com - go to the podcast section.

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Posted

Some of my learned colleagues from other jurisdictions have answered this, and you really do need to see a DC lawyer with some experience in probate. DC has a complex probate code and rule that changed significantly in the 1980's and in 1995. It matters when your decedent died. It also matters whether the estate is a supervised probate or an unsupervised probate. Finally, you need to look at your Letters of Administration to see if there are any bond-driven or other restrictions on your powers as a PR to sell property. So, the answer is Yes, but you might need a Verified Petition to Sell and you might need an appraisal, as well as waivers of other IPs. My suggestion is to consult with counsel.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it in a novel.

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