How long does an executor have to sell a house. The good news is that the executor named in the will does not have the power to sell any real estate or any other property belonging to the estate before being officially appointed by the surrogates court. In short its a lot of work for the executor. Its common for the process to take six months to a year or more.
Each state has rules on how this can be done and the limits on the amount that can be paid. Fortunately the executor can pay themselves reasonable compensation for the work out of the estates assets. Sign the executors deed and have it notarized.
If you as executor sell the deceaseds home within one year of his passing the proceeds will be held until the one year mark by the underwriter. Typically as executor youd be limited to selling the house for at least 90 percent of its appraised value in california but only after the court grants you approval and after youve given. While other states have no limit.
Consider the fact that in order for the executor to sell a house they have to follow several steps. Creditors have up to one year from the date of death to make a claim on the estate so the money is held in the event any claims do arise. Receive the payment for the house.
Get a contract from the buyer. Some states have a limit of one to three years. Theres really no set time frame it could be two months six months or a year.
If the decedent had no will died intestate the house can still be sold during probate. It can take an executor over a year to sell a house. With grief clouding your judgement you might hang on to too much or wind up selling treasured valuable items for a song simply to get through the process as quickly as possible.
Get appointed as the executor. The time an executor has to sell a house varies from state to state. How long does an executor have to sell a house.
In alabama you have as long as five years while georgia law simply says as soon as possible its important to check with your states probate laws to find out exactly how much time you have. As an executor you need to be aware that obtaining a grant of probate can take potentially 12 weeks or more so bear this in mind when looking to sell a property. Have an attorney draft the executors deed.