Do All Heirs Have to Agree to Sell Property?

Author: Cory Pinter
Date: November 21
Selling Advice
Do All Heirs Have to Agree to Sell a House

A question that often comes up for those managing inherited assets is whether all beneficiaries have to agree to sell a property for the sale to occur.

This article explores the answer in three inheritance scenarios. Additionally, it offers solutions if some heirs oppose selling.

Let’s get started.

Can the Executor of the Will Sell Property of the Estate Without All Beneficiaries Approving?

An executor typically has broad legal authority as the court-appointed representative managing a decedent’s estate.

So, generally, the executor can sell estate property without getting approval from all beneficiaries.

As an executor, your authority comes from the will. If it says you can (or must) sell the property, you usually don’t need unanimous approval.

Even when the will doesn’t directly address this, you typically can get court approval to sell if it’s necessary to settle outstanding debts or administer the estate effectively.

In situations like those, the executor can sell a house that is in probate to facilitate estate settlement, even if some beneficiaries object.

Note that when selling a home during probate, it’s essential to understand that you must follow formal probate procedures and comply with any mandatory court supervision.

What happens if the will prohibits the sale of the property? Getting unanimous consent can simplify matters, but it’s not always required. The court may override the will.

The key criterion is that the sale optimally benefits the estate and the beneficiaries.

So, the bottom line is that while you are empowered to sell estate property as the executor even when beneficiaries are at odds over the sale, you must meet fiduciary and legal obligations.

Can the Administrator of the Estate Sell Property Without All Beneficiaries Approving?

When someone passes away without a valid will, they die intestate, and the probate court appoints an administrator to settle the estate.

That person’s role is similar to an executor’s, but authority stems from the court appointment rather than a will.

So, in the role of court-appointed administrator, heir property can be sold without everyone’s agreement, given certain considerations. If necessary, the administrator can even evict someone from an inherited house.

  • State Law Compliance

You have to follow state regulations on intestate inheritance, which can significantly impact how a house is sold.

  • Court Oversight

The court is usually more involved with intestate probate than when a will exists. That means it will likely play a big role in determining if you should sell your inherited house.

  • Informing Beneficiaries

One of your duties is to ensure transparency throughout probate. Therefore, you must usually notify all beneficiaries about the proposed sale, even if they disagree.

  • Fair Market Value

You must sell the property for market value to protect the estate’s interest. An appraisal is a must, particularly if you inherited a house that needs work.

  • Estate’s Best Interests

You have to show that the sale is necessary and beneficial. When you do, the court may allow it to proceed despite beneficiary objections.

Can a Trustee Sell Trust Property Without All Beneficiaries Approving?

When a person dies with a trust arrangement, the successor trustee generally has extensive powers to administer the trust assets. That includes selling property.

The caveat is that the scope of their authority depends on the terms of the trust.

For instance, if the deceased specified that each beneficiary must agree to a property sale, the trustee is typically bound by that. Everyone has to consent for a sale to occur.

As a contrary example, a trustee could proceed with selling your deceased parents’ house, unanimous approval or not, if trust instructions stipulate that consent from all isn’t required.

In other words, unless the terms prohibit selling the property with divided beneficiary support, the trustee may execute a sale.

But that doesn’t mean the trustee has free rein for the sale.

Like an executor or administrator, a trustee has a duty to act in the beneficiaries’ best interests in addition to following the trust’s terms.

What if the terms of the trust are unclear or there’s a practical justification for overriding a full agreement requirement?

The trustee can ask the court for approval to sell. Courts typically allow it if the sale benefits the beneficiaries’ position and is necessary to meet debts or other legal obligations.

What to Do if Other Beneficiaries Refuse to Sell?

It isn’t always easy to reach a consensus on selling property when multiple beneficiaries are involved. So, what can you do when others resist selling?

Start by talking to all beneficiaries. Having a respectful dialogue can clear up misunderstandings and allow everyone to hear the reasoning of others.

Also, explaining what happens when you sell a house you inherited can help others better understand the process and possibly persuade them to reconsider.

If no one changes their mind, consider these options:

  • Use mediation services.

An impartial third party specializing in estate disputes can facilitate conversations and provide guidance on all aspects of a sale.

  • Explore a buyout.

Buying others’ shares in the property can be especially helpful in family situations — if you inherited your parents’ house with siblings, for instance.

For example, if you’re thinking if an heir living on the property can be evicted, this solution should be explored first to reduce tension and resentment that may result from pursuing legal avenues.

  • Get court approval.

Depending on the circumstances and the terms of the trust or will, you may be able to ask for the court’s permission to sell. Be prepared to explain the reasons and benefits.

  • Take them to court.

With a partition action, heirs can force the sale of property through a court order. This lawsuit is usually viewed as a last resort as it takes time, money, and an emotional toll.

What Is the Easiest Way to Sell an Inherited Property?

Working with companies that buy inherited properties for cash can be the easiest way to sell your probate house fast.

Created by real estate investors, these firms provide an advantageous alternative to conventional real estate transactions.

Here are some reasons why:

  • Immediately Available Cash

These specialized companies make quick offers and payouts. You also skip the wait time and avoid the uncertainty associated with buyer financing.

  • No Repairs or Renovations

You can sell the property in the condition you inherited it. That’s exceptionally beneficial if the home needs substantial repairs or if you’ve inherited a hoarder house.

  • Expedited Process

With streamlined paperwork, the transaction is more straightforward and takes less time to close. Deals are often completed in a few days.

  • Low or No-Cost Closing

Closing costs are often absorbed by cash buyers, reducing the amount of expenditures you have to make.

  • Commission-Free Deal

Selling to a cash buyer eliminates an agent commission, putting more proceeds from the sale in your pocket.

Whether your property is in good condition or you’re selling an inherited house as is, a cash buyer is the surest pick for an easy and quick sale.

You can get a cash offer from local companies our website has screened and approved, compare them, and choose the one that best suits your needs.

For more insight into other selling methods, read through our article on selling an inherited house — it details more approaches.

Cory Pinter

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About the Author

Cory Pinter is a seasoned real estate investor with a proven track record of closing hundreds of transactions. Since 2018, he has specialized in inherited properties, providing invaluable guidance and support to individuals managing inherited real estate. Cory's comprehensive knowledge of the real estate market, combined with his empathetic...

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