Can the executor sell a house that is in probate in Ohio? If you’re asking this question then you are in the right place! We provide the answer to this question. We’ll also provide other helpful information so you’ll want to make sure you read through.
If you are the executor or a beneficiary of an inherited house you probably have many questions. One of those questions might be if you can sell a house that is in probate in Ohio? If you want to learn more about selling an inherited house in Ohio you can visit our page that covers much more on this topic, including selling your inherited house for cash.
Please note that this information in no way constitutes or is intended to constitute legal advice. The information and content presented here as well as on other areas of our website are solely intended for informational purposes.
Quick Answer: Can the Executor Sell a House During Probate in Ohio?
It’s possible to sell a house going through probate in Ohio, but how to do it depends on the situation. We’ll cover some of the different scenarios below.
Selling an Inherited House in Probate When THERE IS a Will
If there is a will and the will has a power of sale clause then it’s pretty straightforward. According to Ohio law the power of sale clause grants the executor the power to sell the property (Ohio Revised code 2127.01). So, with a will the executor can sell the house.
Selling an Inherited House in Probate When There is NO Will
If a will doesn’t exist for the inherited house then the situation is more complex.
First, if no will exists than an executor has not been named. This is also true if the person named as the executor cannot or is not willing to serve as the executor. According to Nolo, in these situations the probate court will appoint someone to be the administrator. This person will act as the executor.
How Much Power Does the Executor Have to Sell an Inherited House?
When there is a will
The executor has the ability to sell the house if:
- there is a will, and
- the language of the will does not disallow a sale
What is an example of when the will would disallow a sale? The will might state that the house should be left to multiple parties and distributed evenly.
The power of the executor is determined by the language of the will when a will exists.
A sale can take place (given the required process is followed) if the executor has the power to sell the house and the beneficiaries don’t disagree.
If the beneficiaries agree they don’t want to sell the house then they can petition the sale to the court. The court would decide which side prevails.
When there is not a will
If there is no will then the appointed administrator by the court has the ability to sell the house. The administrator is obligated to properly distribute the proceeds.
There are some situations where the beneficiaries may be able to halt the sale when no will exists, but these are limited. Again, if there is an objection the beneficiary(ies) would need to work through the court to get the sale stopped.
If you want to learn more about selling an inherited house in Ohio you can visit our page that covers more detail on this topic, including selling your inherited house for cash quickly.
Please note that the information pertaining to probate or any other matter on our site in no way constitutes or is intended to constitute legal advice. The information and content presented here as well as on other areas of our website are solely intended for informational purposes. In addition, the third party links present on this page are solely for the convenience of the reader. Sesa Properties does not endorse, verify, or recommend the content of those third-party sites. It is always a good idea to speak and/or work with an experienced probate lawyer to understand this process, its legal requirements and steps before moving forward.