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The Administrator doesn't need the heirs' permission per se. Generally, an Administrator needs to petition the court for a license to sell the real estate. The heirs will be given notice of the petition to sell and will have the opportunity to object. If all the heirs want to keep the real estate the Administrator has no need to sell unless there are debts to pay. The debts must be paid before any assets can be distributed to the heirs. You can add more details on the discussion page.
It depends on the will and the laws that apply in the location of the Estate's assets.
Where I live if the will says to sell all the assets and divide the money, it is good practice but not required to solicit bids from the Heirs as well as other potential purchasers to insure both satisfying the heirs and realising the full value of the property.
AnswerYes. The Estate Representative does not need the permission of the heirs to act. They have been appointed by the court to settle the estate of the decedent and have the legal authority necessary to do so. They settle the estate according to the provisions in a will or/and according to the probate and intestacy laws in the particular jurisdiction.
The debts of the decedent must be paid before any property can be distributed. Generally, if all of the heirs want to keep the remaining property after all the debts and costs of probate have been paid they may do so. Generally, if some of the heirs want to keep certain property after the debts and costs have been paid they may purchase that property from the estate at fair market value.
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Can an Administrator of a deceased estate rent out the estate property without consulting the beneficiaries?
Yes.
When the administration is closed can the administrator sell property?
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
Co-administrator of estate?
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
Is the estate administrator responsible for home ins?
Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.
Can the arbitrator of an estate also be the administrator of the estate?
The Administrator can arbitrate the distribution of property in the absence of a Will or for property not mentioned in the Will. However, if their plan is not agreeable to the heirs they may ask a judge to render a decision.
How will bankruptcy affect the sale of real estate property?
No property can be sold, transferred, refinanced, etc. while in bankruptcy without the permission of the bankruptcy court.
How can a family member buy the house after the single home owner dies?
The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.The decedent's estate must be probated and the buyer can arrange to purchase the property from the estate administrator.
You are an administrator for an estate can you make a home equity for the estate?
Generally, you need a license from the court to mortgage the property.
How can I dispose of the clothing for an estate?
You would be better to leave all property disposal to the estate's administrator or executor.
Can someone other then the life estate holder take a mortgage out on the property without the life estate holders permission?
No. Only the fee owners can mortgage the property and they can only do so with the written consent of the life tenant.
Estate administrator over pricing property so it does not sell?
If you think the administrator is not performing their duties to the best advantage of the estate and heirs you can report the situation to the court and request a ruling or the removal of the administrator if necessary.
Should the SSA be appointed as a guardian for someone who is deceased in the state of SC or should it be his spouse?
Guardians are not appointed for persons who have died. I assume you are actually inquiring about an Administrator of an estate. If a person dies intestate (without a will) and owns property, their estate must be probated. A family member should petition to be appointed the Administrator of the estate.
