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jb156200, Attorney
Category: Estate Law
Satisfied Customers: 491
Experience:  I am a Probate Attorney practicing in Tampa, Florida.
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For a probate estate in Pennsylvania in which (1) there is a

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For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval to sell real estate or can she just sell the property (give deed from the estate and put proceeds into estate account for later distribution after debts are paid)?

Hello. My name is ***** ***** I am a licensed estate's attorney. I hope I may be of assistance with your question. Please do not forget to rate my answer at the end of this session. Thank you.

As the executor, you are not required to file a Petition for Court Approval when selling the real estate. There are two ways in which to handle the sale. The first is to sell it through the estate, and then the estate would receive the net proceeds from the sale. The second way would be to transfer the property out of the estate to your sole name as the beneficiary of the estate. At that point you may sell the property, as an individual, and have nothing to do with the probate estate.

Customer: replied 2 months ago.
when is a Petition to Approve sale of real property required?

If the Will does not grant the Executor the power to sell real estate, then a Petition for Authorization must be made to the court. The court order would then be given to the title company to complete the transaction. Also there are times the petition is used if there is a dispute among beneficiaries or if there is a creditor issue. Since you have stated the Will specifically granted you the authority to sell the property, no court order is required.

Customer: replied 2 months ago.
Ok does it matter if I transfer it directly from the estate or to myself first? Is there any benefit one way or the other?

Most beneficiaries who do not care about the property itself and just want the proceeds from the sale will generally sell the real estate while it is in the estate. For starters, proceeds from the sale may be used to cover any and all expenses and attorney's fees of the estate, rather than you bearing the expense as an individual.

The estate is responsible for the property taxes, HOA fees, utilities, basically any expense needed to maintain the property. Generally people do not want to take those expenses on individually while they wait for the property to sell.

Please let me know if you have an additional question or need clarification of the information provided. Also please rate my answer so that I may receive credit. Thank you!

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