I understand there is a year for creditors to submit claims to the estate. Does this mean the heirs have to wait a full year to sell the house? Thank you!
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
Yes, you may sell the house during probate. In order to pass a clean title to the buyers, a formal probate proceeding is required. Unless the will has specifically waived the requirement, the personal representative will need to petition for a license to sell from the probate court. You will still need to wait until the creditor period is over before distributing the proceeds.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.