Selling land that is in probate

Can you sell land before probate closes?

An estate can usually sell land before probate closes, once the court names someone with authority to sign. Probate is the court process that collects the assets, pays debts and taxes, and passes property to heirs. Land is one of those assets.

Until the court appoints a personal representative, nobody can sign a deed for the estate. After that, the sale follows your state's rules and the terms of the will.

Who signs the deed: the personal representative or all the heirs?

The personal representative usually signs the deed for the estate, not every heir. This person is also called the executor or administrator. The court gives written proof of authority, often called letters, and the title company will ask for a copy.

States differ on how much power that person has. Under the Uniform Probate Code as adopted in Maine, a personal representative has the same power over estate title as an absolute owner. That power is used for the benefit of creditors and heirs.

Other states are stricter. In Massachusetts, the power to sell real estate depends on the will or a court license.

Does the probate court have to approve a land sale?

Court approval of a probate land sale depends on the state, the will and the representative's authority. Three examples show the range.

• Florida: if the will gives a power of sale, the representative can usually sell without court approval. Without that power, Florida Statutes 733.613 says no title passes until the court authorizes or confirms the sale.
• California: a representative with full authority under the Independent Administration of Estates Act can sell without a confirmation hearing. A Notice of Proposed Action must still go to interested persons at least 15 days before the sale, under Probate Code 10586.
• California objections: if an interested person objects to that notice, the representative can make the sale only under court supervision. A representative with limited authority usually needs a court hearing to sell real estate.
• Massachusetts: the power to sell depends on the will or a license from the court.

How long does a probate land sale take?

A probate land sale takes as long as it takes to get authority, give any required notice, and close. The sale cannot start until someone has authority. If the court must approve, add the time for a petition, notice and a hearing.

Creditor periods also set the pace of an estate. In Florida, most creditor claims must be filed within 3 months after the first publication of the notice to creditors, under Florida Statutes 733.702. Our inherited land page has a dated table of state timelines.

After that, the usual closing steps apply: title work, payoff of any loan or tax debt, and signatures. Missing paperwork causes more delay than the buyer does.

What if the heirs disagree or one cannot be found?

An estate can still sell land when heirs disagree or one cannot be found, but the sale gets slower. The personal representative follows the will and state law. Some states require notice to heirs, and some require court approval over objections.

When an heir cannot be found, the estate's attorney and the title company usually need to show a reasonable search. The court may decide how to handle that person's share. If the land passes to several people after probate, see selling land owned by several heirs.

What does a title company ask for on a probate sale?

A title company closing a probate sale usually asks for the letters of appointment and a death certificate. Where the state requires it, the title company also asks for the court order approving the sale. Unpaid taxes and loans stay attached to the land and are paid from the sale at closing.

Liberty Acres is a family-owned land company. We buy land anywhere in the US, in any condition, and close through a title company. We pay back taxes and all closing costs, with no agents and no commissions. We can close in as little as 14 days. Most sales close within a few weeks to a few months, once the title work is done. Find out who holds authority for the estate today, then compare a cash offer with a listing in our cash sale vs listing guide.

Ask a probate attorney in the county where the land sits before anyone signs a deed.

Common questions