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I"m an executor of an estate that has designated real estate…

Hello - I"m an executor...
Hello - I"m an executor of an estate that has designated real estate to be inherited by a relative. There is no mortgage associated with the property.The issue is that the estate, without the property, is insolvent.Is there anything legally I need to do to sell the house and use the proceeds needed to satisfy the other debtors first?The sale of the property is pending and now title company is requesting signoff on the sale by the inheritor.Let me know if you need more information. The estate is located in PA.
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Answered in 9 minutes by:
12/14/2017
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,101
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Have you been formally appointed by a probate court judge yet... or are you just nominated to be the executor in the will?

.

.

thanks

Barrister

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Customer reply replied 8 months ago
Formally appointed - I have a grant of letters (I think that's what it's called) from the court.
Customer reply replied 8 months ago
It's a "short certificate" stating I'm the executor

Ok, then if you weren't granted full authority to sell real estate owned by the estate you would have to file a motion with the court for approval to sell the real estate. The heirs don't have anything to do with this and their signature is not necessary. As executor you have the authority and the burden of settling the estate and liquidating assets to pay creditors first. The heirs just get whatever is left over once all debts, bills and expenses are paid..

.

.

thanks

Barrister

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Customer reply replied 8 months ago
The jursidiction is Bucks County, PA.
Is this something I should hire an attorney to do or can I do this myself?

No, you don't have to have an attorney to file the motion. The probate court clerks should have a generic motion form you would just fill out and file with the clerks and the judge might not even require a hearing and just sign off on it. Once you have been granted formal authority to sell real estate, you can continue on with the sale of the property.

.

You obtain a short certificate by filing the original Last Will and Testament with the Court of the county where the
decedent resided. This filing initiates the process whereby the Court oversees the administration of the
decedent's estate, or "probate of the estate". Upon the issuance of the short certificate, the Executor thereafter
must comply with court rules to advertise the death of the decedent in newspapers, file an Inventory identifying
and valuing all estate property, pay all estate expenses, gather and preserve all estate assets during
administration, settle the administration of the estate with the beneficiaries, distribute estate assets to the
beneficiaries, and ultimately close the administration of the estate with the Court.

.

So you don't have to have an attorney assist, but it might streamline the process if they don't have a generic motion form as any probate attorney should have one on his computer. And they get paid out of estate funds so it doesn't cost you anything personally.

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,101
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
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