Does an executor have the authority to sell real estate?

Yes, an executor typically has the authority to sell real estate in South Carolina. In the state, the probate process allows an executor to act on behalf of an estate, such as selling real estate in order to pay off debts or distribute assets according to the deceased’s wishes. In South Carolina, an executor follows a particular probate process to list any property owned by the deceased (including real estate) and gather debts to be paid. The executor then has the authority to sell the real estate owned by the estate to pay off those debts. They can also transfer the property according to the deceased’s will or distribute it to beneficiaries. Before an executor can sell real estate in South Carolina, they must get permission from the court. This process is called obtaining “probate order of sale.” The executor will need to submit a court application, which must include information regarding the estate’s assets, debts, beneficiaries, and distributions. This application is presented to a judge, who can then decide whether to approve the sale of the real estate in order to settle the estate. Once the executor receives the court’s permission, they can take steps to list and sell the real estate. This can include speaking with real estate agents, potential buyers, and other professionals to aid in the sale. After the sale is made, the executor is responsible for distributing the proceeds according to the deceased’s wishes and the court’s approval.

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Does an executor have the authority to sell real estate?

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