Decatur Family Law and Probate Attorney

Selling a parent’s home during probate administration

On Behalf of | Oct 18, 2019 | Firm News, probate administration

After a parent’s passing, it is common for children to be in line to inherit certain property. If the parent created a will, it is likely that one piece of property could be left to multiple children, like a house. When more than one person has a claim to the house, questions can arise regarding how it is handled during probate administration.

Texas residents may wonder whether the executor could sell the home despite it being left to beneficiaries. Because the property is still in probate, the beneficiaries do not yet own the property. If the executor has the authority to do so, the house could be sold during probate, but the beneficiaries must be notified and often approve the sale. However, if the beneficiaries do not approve the sale, the executor could request approval from the court to carry it out.

If the sale does not occur during probate, the designated beneficiaries will each own a portion of the property. In some cases, the beneficiaries may want to sell the home in order to divide the profits. Of course, some beneficiaries may object to selling the property, and if so, additional action may be necessary.

Probate administration can be a complex process, and many surviving loved ones have concerns about how certain property will be handled. If Texas residents are interested in selling assets that are jointly owned, they may want to discuss their options with probate attorneys. These legal professionals can explain how joint ownership after a person’s death could affect how the property is handled.