Does an executor have the authority to sell real estate?
Yes, an executor in Washington has the authority to sell real estate. This power is granted by probate law and is necessary in order for executors to fulfill their duty of settling the deceased person’s estate. This includes not only distributing assets to the beneficiaries, but also selling any real estate that belonged to the deceased person. In Washington, executors must obtain court approval before selling any real estate. This is done by filing a Petition for Authorization to Sell Real Property with the court. The petition must include information about the real estate, such as its location, value, and any encumbrances. Additionally, the executor will need to include a listing of any potential buyers, as well as a proposed sale price. The court will then review the petition and consider the executor’s plan. Special circumstances, such as a dispute among heirs or an uncommon property value, may require a hearing before the court. If the court is satisfied with the proposed sale, then it will issue an Order of Authorization permitting the executor to proceed with the sale. Once the executor has court approval, they can then move forward with the sale. This includes finding a buyer, negotiating a purchase price, and completing the closing process. At the closing, all necessary paperwork must be signed and the executor will receive the sale proceeds, which must then be distributed to the estate’s beneficiaries.
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