During Probate: The Personal Representative

When a property goes through probate, the court appoints a Personal Representative (PR) — also called an executor — to manage the estate. The PR has the legal authority to:

• List and market the property
• Sign purchase contracts
• Negotiate with buyers
• Close the sale (with or without court approval, depending on the will and type of administration)

Individual heirs do not have the authority to sell the property — only the PR does.

If There Is a Trust: The Trustee

If the property was held in a living trust, the trustee has authority to sell it according to the trust document. No probate is required, and the trustee can proceed with the sale directly.

If Property Passes Outside Probate

For property that passes via joint tenancy, Lady Bird deed, or tenancy by the entirety, the surviving owner(s) or named beneficiaries have full authority to sell once the death certificate is filed and the title is updated.

What If There Are Multiple Heirs?

If multiple heirs inherit the property equally (tenants in common), all owners must agree to sell. One heir cannot force a sale — but they can file a partition action in court, which can compel a sale even over the objections of other heirs.

Establishing Authority to Sell

Before a title company will insure a sale, they need to see documentation of the seller's authority:

• Letters of Administration (for a Personal Representative)
• Trust document (for a trustee)
• Death certificate + updated deed (for survivorship transfers)