Estate probate and real estate question

Asked in Scranton, PA - almost 4 years

If a will orders the sale of real estate and the distribution of sale proceeds to beneficiaries, does the personal representative retain control of the real estate until it's sold or should the property deed be re-titled until the real estate is sold?

Attorney Answers (2)

Edward Joseph Smeltzer II

East Brunswick Probate Attorney

Licensed in PA

0

Answered almost 4 years ago. If the will specifically orders the sale of the real estate then the personal representative should retain control of the real estate until it is sold. No deed need be done until the property is sold. Appropriate insurance for the property should be obtained.

Very truly yours,

Ed Smeltzer

NOTE: This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

Flag

Mark as helpful

Daniel F. Graves

Greenfield Real Estate Attorney

0

1

Answered almost 4 years ago. The personal representative retains control until the sale is completed. They maintain a fiduciary obligation to maintain the property and effectively realize the maximum value of the property. Upon realization/sale, the proceeds will then be distributed to the beneficiaries. As the will orders the sale by the fiduciary, there should be no intervening deed to the beneficiaries as it is the executors obligation to liquidate.