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Do all heirs have to agree to sell the estate property? (house)

Washington, DC |

If a personal representative was appointed, does all the heirs have to agree to sell? What if 3 siblings out of 8 want to sell.

We are in Washington DC

Attorney Answers 2


Not really. The Personal Representative is, of course, bound by anything stated in the Will. So if there is a Will which specifies what is to be done with the property, that must be honored. If not, the P.R. will do what he or she must or thinks is correct. Very often, that includes selling the family house, even though one or more of the children do not want the house sold.

The P.R. often has to sell the house for one or more of a few different reasons. Unfortunately, oftentimes there is not enough cash in the estate to pay all of the debts without selling the house. Also, often there is one house, which is a large part of the estate, and multiple beneficiaries. Who would live in the house? How would it be beneficially divided up?

So generally we see the P.R. selling the house, unless one or more of the beneficiaries has the means with which to purchase the house from the estate.

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No they do not. Most the time the home must be sold to divide the assets or generate cash.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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