50-State Surveys › Personal Representative Deed Requirements by State
Personal Representative Deed Requirements by State
When may an executor or administrator convey probate real property, when is a will power or court order required, what sale, confirmation, deed, and recording steps apply, and what protection does the purchaser receive?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-12
What this survey covers
Appointment as executor or administrator does not answer every real-estate question. The representative may need a power in the will, full independent authority, a petition and hearing, notice to interested people, a confirmed sale, or a certified order in the land records. Those steps vary independently.
This survey follows the transaction from probate authority through the deed and recording. It keeps that authority layer separate from the ordinary signature, witness, acknowledgment, marital-right, and recording-priority rules covered by the deed-formalities survey.
Why nine separate columns are necessary
California has two materially different routes. Under ordinary supervision, real-property sales generally require sale notice and court confirmation before title passes. A representative with full authority under the Independent Administration of Estates Act may instead sell without those confirmation requirements after satisfying the notice-of-proposed-action procedure; limited authority still requires court supervision for a real-property sale. Cal. Prob. Code §§ 10300, 10308, 10403, 10501, 10503, 10510, and 10511 (official Legislative Counsel bulk publication accessed 2026-08-12).
Florida makes the will-power question central. When the will supplies a usable specific or general power of sale, the representative may sell without court authorization or confirmation. Without that power, no title passes until the court authorizes or confirms the sale. Fla. Stat. § 733.613 (accessed 2026-08-12).
The District of Columbia supplies broad default powers to dispose of real or personal property at public or private sale, subject to limits in the will, title, or a court order, and permits—but does not universally require—a petition for permission to act. D.C. Code §§ 20-741 and 20-742 (accessed 2026-08-12).
Wyoming illustrates the opposite procedural architecture. A will power removes the statutory sale procedure; otherwise the representative petitions, gives hearing notice, follows the court's sale terms, files a verified report, obtains confirmation, delivers the deed, and records the certified confirmation order with the conveyance. Wyo. Stat. §§ 2-7-609 and 2-7-612 to -626 (accessed 2026-08-12).
These statutes show why authority, petition, notice, sale economics, confirmation, recording, and purchaser protection cannot be compressed into a single “court approval required” column.
How to read the table
Start with the governing framework, property-control, and will-or-independent- authority columns. They identify which procedural track applies and whether the representative may sell the particular realty at all.
Then read petition and notice together. Advance authorization, a proposed-action notice, sale publication, a confirmation hearing, and an objection procedure are different steps; one may replace another without disappearing entirely.
Finish with the sale, confirmation, recording, and purchaser-protection columns. A commercially acceptable price does not cure missing authority, a properly signed deed does not replace a required confirmation order, and a statutory good-faith shield may still preserve liens or claims based on actual knowledge.
Patterns across the completed survey
The finished table does not have one majority rule strong enough to summarize as “court approval required” or “no court approval required.” Three large architectures recur. A substantial UPC-style group gives the representative owner-like or enumerated statutory sale power without an ordinary transaction- specific petition or confirmation. Another large group uses a will power, independent-administration order, nonintervention grant, consent, or similar election to move between independent and court-supervised tracks. The remaining court-centered states ordinarily require a license, petition, order, or confirmation unless a specific exception applies.
Will powers also do different jobs. In Florida, Iowa, Washington, and Wyoming, a usable will power can remove much or all of the ordinary statutory sale procedure. Vermont is a sharp contrast: an express will power removes notice and hearing for covered property, except an occupied dwelling, but the Probate Division still issues the license. Nevada and Oklahoma permit will-directed sales yet ordinarily retain a return-and-confirmation step.
Property limits move independently from procedural authority. Specifically devised land is restricted or separately treated in states including California, Colorado, Illinois, Minnesota, Oregon, Pennsylvania, Rhode Island, and the District of Columbia. Homestead and exempt-property protections create separate consent, court-direction, or proceeds rules in states including Wyoming.
Recording companions are the exception rather than the norm. California's ordinary confirmed-sale route, Nevada, Oklahoma's regular route, Vermont, and Wyoming expressly require a certified sale or confirmation order in the land records. Arkansas requires recording of an endorsed private-sale report, while Connecticut separately requires a recorded death certificate. Many other states state no universal letters-or-order companion for every representative deed.
Purchaser protection ranges from broad good-faith no-inquiry statutes that survive procedural or jurisdictional defects, through protection conditioned on actual knowledge or endorsed restrictions, to narrow deed-validity or noncollateral-attack rules. Those protections should never be read as a warranty of marketable title or as erasing existing liens, forgery, fraud, or a known limit on the representative's authority.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
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| State | Governing law and transaction scope | Property subject to representative control | Will power and independent authority | Court petition and required findings | Notice, hearing, and objections | Sale method, price, credit, and appraisal | Confirmation, report, and deed execution | Recording the order and companion documents | Purchaser protection and title effect |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-12 | Ala. Code §§ 43-2-830, -837, -842 to -844, and -441 to -465: realty devolves to heirs/devisees subject to administration; express will authority permits independent sale, while otherwise prior approval and the probate-sale procedure apply |
Realty devolves to devisees/heirs subject to allowances, creditors, elective share, and administration (§ 43-2-830). Representative takes possession/control when needed and may recover possession or determine title (§ 43-2-837); § 43-2-844 reaches land in Alabama or another state |
Express will authority removes § 43-2-844's prior-approval requirement. Without that authority, executor/administrator c.t.a. may seek debt-sale order (§ 43-2-441), administrator may seek intestate debt sale (§ 43-2-442), and sale for division needs inability to divide plus adult heir/devisee written consent (§ 43-2-443) |
Verified written application by executor/administrator to estate probate court must accurately describe land, name/residence of heirs/devisees, and identify minors or persons of unsound mind (§ 43-2-444). Debt order covers land needed for debts; division requires satisfactory proof; protected/unknown parties require deposition proof of necessity (§§ 43-2-450 to -452) |
Hearing at least 30 days after application; in-state adult heirs/devisees cited at least 10 days before, guardian ad litem for minors/incapacitated persons (§ 43-2-445). Debt sale also needs 3 weeks' publication/posting; nonresidents receive 3 weeks' publication (§§ 43-2-445 to -446). Interested parties may contest (§ 43-2-444) |
Court sets terms/place. Debt-sale credit cannot exceed 2 years; division-sale credit cannot exceed 3 (§§ 43-2-450 to -451). Representative advertises day/place/terms/property for 3 successive weeks and secures unpaid price by notes/bonds with sureties or purchase-money mortgage (§§ 43-2-455, -457 to -458) |
Representative reports sale under oath within 30 days (§ 43-2-459). Court confirms only after at least 10 days and findings of fair conduct, price not greatly below real value, and payment/security; it may vacate unfair, underpriced, or undersecured sale (§§ 43-2-461 to -462). After confirmation and full payment, court orders conveyance (§ 43-2-464) |
Record deed with county probate judge (§ 35-4-50), using statutory signature/witness or acknowledgment route (§§ 35-4-20, -23), marital-status recital (§ 35-4-73), and preparer's name/address (§ 35-4-110). Surveyed statutes state no universal rule to record letters or confirmation order with every deed |
Good-faith value buyer protected as if power properly exercised, need not inquire merely because dealing with representative, need not trace proceeds, and is protected through appointment irregularity/jurisdictional defect (§ 43-2-842). Actual knowledge and restrictions endorsed on letters qualify protection; § 43-2-464 order/deed transfers decedent's interest; recording protects priority (§ 35-4-90) |
| Alaska verified 2026-08-12 | Alaska UPC general-powers model; ordinary administration and estate-title power operate without a sale order (AS 13.16.355, .390, .410) |
PR may take possession/control when administration requires; otherwise realty may remain with presumptive successor (AS 13.16.380) |
No will power required: statutory owner-like title power is exercisable without notice, hearing, or order, subject to will/formal-order restrictions (AS 13.16.390, .410) |
No ordinary sale petition or findings. PR may seek court resolution; supervised PR retains ordinary powers without interim orders unless restricted (AS 13.16.230, .355) |
No ordinary sale notice/hearing. Conflict sale is voidable unless fairly disclosed and consented to, will/contract-authorized, or court-approved after notice (AS 13.16.400) |
Public/private sale of Alaska or out-of-state land for cash/credit; enforceable land contract may close by deed for cash/secured note or escrow; inventory uses date-of-death fair market value (AS 13.16.365, .410) |
No statutory sale report or confirmation; PR may execute deed completing decedent's land contract and convey under general powers; corepresentatives generally act unanimously (AS 13.16.390, .410, .420) |
Acknowledge deed, meet statewide document fields, and record in land's recording district; no universal probate order or letters companion stated (AS 34.15.010, .150; 40.17.020, .030) |
Good-faith value buyer protected as if power properly exercised, without inquiry/application-of-assets duty; endorsed supervised restrictions and actual knowledge remain material (AS 13.16.230, .405) |
| Arizona verified 2026-08-12 | Arizona's general personal-representative powers govern ordinary unsupervised administration (A.R.S. §§ 14-3711, -3715); § 14-3504 adds court confirmation for every real-property sale in supervised administration |
Estate property devolves at death subject to allowances, creditors, and administration (§ 14-3101). The representative takes possession or control when administration requires it, but may leave realty with the presumptive successor (§ 14-3709) |
Ordinary statutory authority does not depend on a will power: until appointment ends, the representative has absolute-owner-like title power in trust for creditors and interested persons, exercisable without notice, hearing, or court order (§ 14-3711). The will or a formal-proceeding order may restrict the power (§ 14-3715) |
No sale petition or advance findings are stated for an ordinary sale under §§ 14-3711 and -3715. A supervised representative retains statutory powers unless restricted, but every real-property sale requires confirmation (§ 14-3504); a court restriction must be endorsed on the letters to bind a good-faith counterparty without actual knowledge |
No sale-specific notice or hearing is required for ordinary unsupervised authority (§ 14-3711). The surveyed statutes state no universal publication, proposed-action notice, or beneficiary-consent step. Supervised confirmation proceeds through the court, and actual restrictions in a will or formal order remain effective as provided by §§ 14-3504 and -3714 |
Acting reasonably for interested persons, the representative may dispose of land in Arizona or another state for cash or credit at public or private sale; may sell estate realty for cash, credit, or both, with or without security; and may complete the decedent's enforceable land contract (§ 14-3715(3), (6), (23)). No universal appraisal, percentage floor, deposit, advertising, or overbid formula appears in these provisions |
Ordinary unsupervised sale: no universal report or confirmation; the representative executes the conveyance under §§ 14-3711 and -3715. Supervised sale: court confirmation is mandatory before treating the transaction as complete (§ 14-3504). Section 14-3715 also authorizes a deed completing the decedent's enforceable land contract |
Record the acknowledged deed with the county recorder where the property is located to give notice to later purchasers or encumbrancers (§ 33-411). The surveyed probate-sale statutes do not universally require recording letters, the will, or a sale or confirmation order with the deed |
A good-faith person relying on a court-certified copy of letters issued within 60 days of the transaction is protected as if the power was properly exercised, despite termination or probate irregularity; generally need not investigate power or application of assets (§ 14-3714). Endorsed supervised restrictions and actual knowledge remain exceptions, and later good-faith purchasers are protected after a bad-faith first transfer |
| Arkansas verified 2026-08-12 | Will-power route or court-supervised Probate Code sale and conveyance (§§ 28-51-102 to -109, 28-51-301 to -306) |
Realty becomes a PR asset when the will directs or the court finds a § 28-51-103 purpose; court route covers Arkansas land, timber, minerals, and partial interests (§§ 28-49-101, 28-51-301) |
Will power permits proceeding under the power or, consistently with the will, under the Probate Code; no separate independent-administration election (§ 28-51-102) |
PR petition states reasons, property/interest, proposed terms, and bond facts; court may authorize after satisfactory proof and may set customary terms in estate's best interest (§ 28-51-301) |
Court sets hearing and directs notice; it may hear without notice when interest is ≤$10,000; interested person may object in writing to confirmation (§§ 28-51-301, -305) |
Court selects private/public and cash/credit terms; public floor 75% appraised value, private floor 90% estimated value absent noticed good-cause finding; current valuation required (§§ 28-51-302 to -304) |
Verified report due within 10 days; court confirms advantageous lawful sale and orders deed; private-sale report may be confirmed immediately (§§ 28-51-305 to -306) |
Deed goes to recorder of land county; certified order may accompany it as prima facie authority evidence; endorsed private-sale report must be recorded (§§ 28-51-305 to -306) |
Confirmed instrument passes decedent's interest and discharges administration debts except assumed encumbrances; essential findings resist collateral attack, but substantial noncompliance makes sale void (§§ 28-51-109, -305) |
| California verified 2026-08-12 | Probate Code supervised-sale rules and Independent Administration of Estates Act (Cal. Prob. Code §§ 10000, 10300-10316, 10400-10592) |
Title passes to devisees or heirs at death, but remains subject to administration; representative controls property needed for administration (Cal. Prob. Code §§ 7000-7001, 9650) |
Full IAEA authority permits realty sale; limited authority requires court supervision. A will power alone does not eliminate ordinary-route confirmation (Cal. Prob. Code §§ 10403, 10501, 10511, 10308) |
Ordinary route: confirmation petition; court reviews authority or reason, legal and fair conduct, price, appraisal, and best-price efforts. Full IAEA route: no confirmation petition unless objection or optional court supervision (Cal. Prob. Code §§ 10308-10313, 10500, 10503, 10589) |
Ordinary route generally requires published sale notice plus confirmation-hearing notice; full IAEA route uses at least 15 days' proposed-action notice to affected heirs, devisees, and special-notice requesters, subject to waiver, consent, or objection (Cal. Prob. Code §§ 10300-10304, 10308(c), 10581-10589) |
Ordinary private sale generally needs a current appraisal and at least 90% of appraised value, with statutory hearing overbid; full IAEA authority permits public or private sale, cash or credit, on representative-set terms without those confirmation rules (Cal. Prob. Code §§ 10309, 10311, 10503) |
Ordinary route: report and petition within 30 days, confirmation before title passes, then representative executes deed referring to the order. Full IAEA route: no confirmation; proposed-action compliance remains (Cal. Prob. Code §§ 10308, 10313-10314, 10503, 10510) |
Ordinary confirmed sale: record a certified confirmation order in the county where the realty lies; the Probate Code does not require that companion order for a full-authority IAEA sale (Cal. Prob. Code § 10314(a)) |
Confirmed deed vests decedent's and estate-acquired interests; procedural irregularity does not invalidate an ordered sale. IAEA noncompliance does not defeat a good-faith purchaser without actual notice, who has no duty to investigate compliance (Cal. Prob. Code §§ 10314(c), 10316, 10591) |
| Colorado verified 2026-08-12 | UPC-based §§ 15-12-709 to -717 plus Colorado Fiduciaries' Powers Act §§ 15-1-803 to -804. Representative has absolute-owner title power without notice/order (§ 15-12-711), while proper realty-sale terms and specific-devise limits appear in § 15-1-804 |
Representative controls estate property as administration requires (§ 15-12-709). Fiduciary may sell estate real property except specifically devised property under § 15-1-804(2)(g); an absolute-owner title power remains held in trust for creditors and interested persons (§ 15-12-711) |
No express will power or independent election is required. Appointment supplies no-notice/no-order title power (§ 15-12-711). Will or formal-order restrictions govern proper exercise (§§ 15-1-803, 15-12-715); supervised restrictions endorsed on letters affect protected buyers (§ 15-12-714) |
No transaction-specific petition or findings are ordinarily required. Court approval is a statutory safe route for a conflict transaction after notice (§ 15-12-713); formal-proceeding orders may restrict authority. The surveyed ordinary-sale provisions state no universal necessity/debt finding |
Ordinary sale needs no notice or hearing (§ 15-12-711). A conflict sale is voidable absent consent, express decedent authorization, or court approval after notice to interested persons (§ 15-12-713). Interested persons may seek protective relief; the general sale statutes prescribe no publication or proposed-action notice |
For non-specifically devised realty, fiduciary may grant sale options and sell publicly or privately, for cash or credit, on fair, reasonable, and equitable terms (§ 15-1-804(2)(g)). No universal appraisal, percentage floor, deposit, advertising, or overbid formula |
No universal report or confirmation follows an ordinary sale. Representative executes the deed under §§ 15-12-711 and 15-1-804. If co-representatives serve, all generally concur unless the will provides otherwise, emergency/delegation applies, or buyer protection under § 15-12-717 operates |
Record in county clerk and recorder's office where land lies; deed must include grantee legal address (§ 38-35-109). Probate statutes do not universally require separate recording of letters, will, or court order. A noted documentary fee on the recorded instrument is prima facie value evidence (§ 15-12-714(2)) |
Good-faith value buyer is protected as if power was proper, ordinarily need not inquire, need not trace assets, and is protected through procedural/jurisdictional defects (§ 15-12-714). Actual knowledge and supervised restrictions endorsed on letters are exceptions. Unrecorded deed loses to first-recording rights holders without prior notice (§ 38-35-109) |
| Connecticut verified 2026-08-12 | Probate Court sale-order framework, with a separate will-power route (Conn. Gen. Stat. §§ 45a-164 to -169, 45a-324) |
Representative controls decedent's Connecticut realty during settlement unless specifically devised or the will directs otherwise; court may surrender or distribute it (§ 45a-321) |
Will-authorized or directed sale power continues in acting/surviving executors and an administrator c.t.a. or d.b.n.; otherwise use the § 45a-164 court route (§ 45a-324) |
Written application describing the property; court may authorize all or part, an easement, or another interest on a best-interests finding and may require a proceeds bond (§ 45a-164(a)-(b)) |
Court sets notice and holds a hearing; guardian ad litem for an interested person not in being, unascertained, or under disability, subject to stated representation exceptions (§ 45a-164(a), (d)) |
Court directs public or private sale and public-sale notice; for private sale it may set price and terms, including purchase-money financing. No statutory appraisal percentage (§ 45a-166(a)) |
No separate confirmation step stated; the sale order may empower the fiduciary to execute the conveyance after any required bond (§ 45a-164(b)) |
Record the deed in the town where the land lies; separately, the fiduciary must record a death certificate in each such town within 2 months after qualification (§§ 47-10, 45a-322) |
Order and sale bind represented interests; a court's failure to choose public versus private does not invalidate a sale under that order. No general statutory no-inquiry shield (§§ 45a-164(e), 45a-166(c)) |
| Delaware verified 2026-08-12 | Two tracks under 12 Del. C. ch. 27: will-directed or will-authorized sale (§ 2719), or Court of Chancery debt-sale proceeding when personal estate is insufficient (§§ 2701-2717) |
PR has no statutory possession right merely from office; rents received are debt assets (§ 1902). Court route reaches only enough Delaware realty to cover personal-estate deficiency, unless partial sale would injure whole (§§ 2701, 2704) |
Will authority survives among named fiduciaries; persons executing will may sell when will directs sale but names no seller or named executor cannot act. Purchaser has no purchase-money application duty, subject to express will directions (§ 2719) |
Petition in Chancery county containing land alleges personal-estate insufficiency; sworn account of personalty/debts plus § 1905 inventory materials required. Court finds deficiency and may still refuse an improper sale (§§ 2701, 2703, 2704, 2717) |
At least 10 days' written pre-petition notice to in-state interested parties/guardians and tenants in possession; court prescribes publication/service for nonresidents. Contributing owner may prevent sale of own parcel by paying proportionate share (§§ 2701(b), 2707) |
Public auction or private sale with Chancery approval. Auction posting at least 10 days before sale plus court-directed notice; land sells in its county. No statutory appraisal percentage/minimum price; court may refuse approval (§§ 2701(c), 2706, 2717) |
PR returns proceedings after sale; deed follows court approval and full payment. Successor may return predecessor's sale and deed only with court approval/order. Sale charges taxed and paid before approval (§§ 2708, 2714-2717) |
Acknowledged/proved deed records with county recorder where land lies and gains priority when recorded (25 Del. C. §§ 151-153). Multi-county court proceeding portions are certified and recorded in Chancery of other land counties (§ 2701(c)); no universal land-record companion stated |
Court-route deed transfers decedent's legal/equitable title, overrides heir/devisee-derived interests, and discharges listed money liens but preserves specified contingent/official-duty liens (§ 2709). Will-power buyer has no purchase-money application liability (§ 2719(e)) |
| District of Columbia verified 2026-08-12 | D.C. Title 20 general-powers model: PR ordinarily acts without adjudication/order and may dispose of real property, subject to will, Code, court-order, supervision, fiduciary, and preference-motion limits (§§ 20-701.01, 20-703, 20-741) |
PR takes possession/control, but property with presumptive heir/legatee stays there unless possession is reasonably necessary. § 20-741(6) broadly permits disposition; § 20-741(25) separately excludes specifically devised/bequeathed property (§§ 20-702, 20-741) |
No will power required; Title 20 supplies public/private cash/credit sale authority. Will, Code, court order, and limitations stated in supervised letters control (§§ 20-701.01, 20-741; 20-503 to -504) |
No universal sale petition/findings. PR may petition for permission; an interested person's pre-sale priority motion requires court determination after notice/hearing (§§ 20-703, 20-742) |
No ordinary sale notice. Filed § 20-703 motion bars sale until PR notifies all interested persons and court holds hearing; conflict approval also requires notice (§§ 20-703, 20-743.01) |
Public/private sale for cash/credit; separate power allows cash/credit, with/without security, except specifically devised/bequeathed property. Supervised inventory generally appraises date-of-death value; unsupervised inventory states it (§§ 20-712, 20-713.01, 20-741) |
No universal sale report or confirmation. PR may execute deed under a continuing decedent contract and sell under statutory powers; will/Code/order limitations and court-approved preference order remain controlling (§§ 20-703, 20-741) |
Signed-and-sealed deed, acknowledged/certified and delivered, records with D.C. Recorder of Deeds. Surveyed statutes state no universal sale-order or letters companion (§§ 42-306, 42-401) |
Good-faith value buyer protected as if power properly exercised; no inquiry/application-of-assets duty, through appointment irregularity. Actual knowledge and supervised-letter restrictions remain material (§ 20-744) |
| Florida verified 2026-08-12 | Florida Probate Code fiduciary, possession, transaction, and realty-sale provisions (Fla. Stat. §§ 733.602-.615), especially § 733.613 |
Representative controls decedent's property needed for administration except protected homestead and specified surviving-spouse community property; estate realty is an asset for statutory obligations and devises (Fla. Stat. §§ 733.607-.608) |
Specific realty-sale/mortgage power or general asset-sale power permits sale, mortgage, or lease without court authorization or confirmation. Intestacy, no power, or unusably limited power requires court authorization or confirmation (§ 733.613) |
No-power route requires court authorization or confirmation before title passes; § 733.613 states the representative must consider the sale in the estate's and interested persons' best interest but states no separate petition contents or confirmation findings |
The researched sale provisions state no sale-specific notice, publication, hearing, or objection schedule. A conflicted sale to the representative or related person is separately voidable unless authorized or court-approved after notice (§§ 733.610, 733.613) |
Public or private sale. Under will power: cash, credit, part cash/part credit, with or without security, with no necessity showing; no statutory appraisal percentage or bid formula appears in § 733.613 |
No-power route: authorization or confirmation must precede title passage. Will-power route: no authorization or confirmation. Sections 733.607-.615 state no sale-report deadline or probate-specific deed recital |
Sections 733.607-.615 state no requirement to record a confirmation order, letters, or probate affidavit with the deed; ordinary deed and county-recording requirements remain separate |
Good-faith value dealer generally protected without inquiry into representative authority, except § 733.613(1). Sale under specific will power or court order passes title free of estate-creditor claims and beneficiary entitlements, but existing mortgages and liens remain (§§ 733.611, 733.613) |
| Georgia verified 2026-08-12 | O.C.G.A. §§ 53-8-10 to 53-8-15 govern ordinary estate sales and conveyances; §§ 53-7-1(b), 53-12-261(b)(1), and 53-12-263 create or incorporate broader courtless fiduciary powers. This cell covers a sale to a purchaser, not a § 53-8-15 deed of assent distributing property to an heir or beneficiary |
Real, personal, or mixed estate property may be sold to pay debts, distribute the estate, or serve another estate-best-interest purpose (§ 53-8-10(a)). Intestate realty initially vests in the heirs but divests to the administrator on appointment; the administrator then holds title for heirs and creditors (§ 53-2-7). A temporary administrator needs a petition and good cause (§ 53-8-10(b)) |
A sale power specifically provided by or incorporated into the will remains controlling (§ 53-8-10(a)). A will may incorporate § 53-12-261 powers under § 53-12-263; those powers authorize public or private sale, credit, and conveyance without court authorization. Separately, unanimous heir or beneficiary consent may support a probate-court grant of those powers under § 53-7-1(b), after citation publication and resolution of objections |
Absent a controlling broad power, file a § 53-8-13 petition identifying the property and interests, transaction purpose, proposed price, all terms, and each heir or beneficiary's name, address, and age or majority status. No timely objection means the court shall order the transaction summarily as petitioned; after a timely objection, the court hears the matter and may grant, deny, or enter another estate-best-interest order |
The probate court issues citation and serves intestate heirs or affected testate beneficiaries under Chapter 11 (§ 53-8-13(b)). In-state interested parties generally receive personal service at least 30 days before the hearing (§ 53-11-3); known out-of-state parties receive mailed service, while unknown persons or unknown addresses generally require weekly publication for four weeks (§ 53-11-4). A timely written objection produces a hearing |
The ordinary petition states the proposed price and every other term. If uncontested, the order follows the petition; if contested, the court may require private sale, public outcry, confirmation, or another estate-best-interest condition (§ 53-8-13). The statute states no universal appraisal, percentage floor, deposit, or credit cap. A representative holding § 53-12-261(b)(1) power may choose public or private sale, credit, terms, conditions, and consideration within fiduciary limits |
Every § 53-8-13 sale requires a full return naming the property, purchaser, amount received, and sale terms. Confirmation is not automatic; the court may require it in a contested-sale order. The personal representative executes the deed, and a recital that § 53-8-13 was followed is prima-facie evidence of the recited facts. Section 53-8-14 bars the representative from binding the estate by a warranty and avoids personal warranty liability unless distinctly assumed |
Record the deed with the clerk of superior court in the county land records under § 44-2-2. The surveyed Title 53 provisions require no universal certified sale order, letters, or probate record to accompany an ordinary domestic representative's deed; the statutory deed recital supplies prima-facie compliance evidence. A self-filer must use electronic filing under current § 44-2-2(d) |
Section 53-8-13(e) gives the deed's compliance recital prima-facie evidentiary effect, not a no-inquiry or conclusive-title shield. Liens may be divested and transferred to sale proceeds only as a condition of a § 53-8-13 sale. General recording law protects priority against later good-faith, no-notice transferees or lienholders from filing, while preserving the deed's validity between its parties (§ 44-2-2(c), (g)) |
| Hawaii verified 2026-08-12 | Hawaii UPC general-powers model, HRS §§ 560:3-701 to -718; ordinary PR sale uses owner-like title and transaction powers, subject to will/formal-order restrictions and fiduciary duties (§§ 560:3-703, -711, -715) |
PR may take possession/control when administration requires; realty may otherwise remain with presumptive successor (§ 560:3-709). Sale power reaches estate land in Hawaii or another state and any estate real-property interest (§ 560:3-715(6), (23)) |
Appointment starts the powers; no will power is required. PR has absolute-owner-like title power exercisable without notice/hearing/order, but will and formal-order restrictions apply (§§ 560:3-701, -711, -715). Successor cannot exercise a power expressly personal to named executor (§ 560:3-716) |
No ordinary sale petition or findings; PR proceeds without court order except as specified/ordered for supervised PR and may invoke court jurisdiction to resolve questions (§ 560:3-704). Conflict transaction may use court approval after notice (§ 560:3-713) |
No ordinary arm’s-length sale notice/hearing. Interested-person notice is required for court approval of a conflict sale (§ 560:3-713). Co-representatives generally all concur unless will or statutory exception applies (§ 560:3-717) |
Public/private sale of Hawaii or out-of-state land for cash/credit; any estate realty may be sold for cash, credit, or both, with/without security (§ 560:3-715). Inventory uses date-of-death fair market value and a qualified disinterested appraiser when appropriate; no sale-price percentage floor (§§ 560:3-706 to -707) |
No universal sale report or confirmation. PR may execute a deed completing decedent’s enforceable land contract and may sell estate realty under general powers (§ 560:3-715); appointment must remain in effect (§ 560:3-711) |
Regular-system deed records at statewide Bureau of Conveyances with original signature/printed name, grantee address, and acknowledgment (§§ 502-31, -34, -41). Land Court deed takes effect only on registration (§ 501-101). Surveyed statutes state no universal letters or sale-order companion rule |
Good-faith value buyer protected as if power properly exercised; no inquiry/application-of-proceeds duty, and protection extends to procedural irregularity/jurisdictional defect (§ 560:3-714). Regular-system priority is race-notice (§ 502-83); Land Court registration is operative (§ 501-101) |
| Idaho verified 2026-08-12 | Idaho UPC general-powers model; ordinary administration and estate-title power operate without a sale order (§§ 15-3-704, -711, -715) |
PR may take possession/control when needed for administration; otherwise realty may remain with presumptive successor (§ 15-3-709) |
No will power required: statutory owner-like title power is exercisable without notice, hearing, or order, subject to will/formal-order restrictions (§§ 15-3-711, -715) |
No ordinary sale petition or findings. PR may seek court resolution; supervised PR retains ordinary powers without interim orders unless restricted (§§ 15-3-704, 15-3-504) |
No ordinary sale notice/hearing. Conflict sale is voidable unless fairly disclosed and consented to, will/contract-authorized, or court-approved after notice (§ 15-3-713) |
Public/private sale of Idaho or out-of-state land for cash/credit; any estate realty may be sold for cash, credit, or both, with/without security; no sale-specific appraisal floor (§ 15-3-715) |
No statutory sale report or confirmation; PR may convey estate land and execute a deed completing decedent's enforceable land contract (§§ 15-3-711, -715) |
Written deed with grantee address, acknowledged/proved and recorded by county recorder; no universal probate order or letters companion stated (§§ 55-601, -805, -808) |
Good-faith value buyer protected as if power properly exercised; no inquiry/application-of-proceeds duty, plus race-notice protection when buyer records first (§§ 15-3-714, 55-812) |
| Illinois verified 2026-08-12 | Probate Act art. XX supervised real-estate procedure plus art. XXVIII independent-administration power (755 ILCS 5/20-1 to 20-18, 28-8 to 28-9) |
Representative generally possesses estate realty subject to homestead and occupied-heir/legatee limits; possession rules do not remove sale power (§ 20-1) |
Will power and § 28-8(i) independent authority permit no-order sale; independent sale may be public/private, cash/credit, but specifically bequeathed realty needs legatee's written consent (§§ 20-15, 28-8(i)) |
Supervised route: court leave on terms it directs when sale is necessary for proper administration; petition states property, value, estate interest, liens/interests, and attaches proposed contract if any (§§ 20-4 to 20-6) |
Affected lien/interest holders are defendants and receive civil process; court directs later report-hearing notice to appearances. State-lien divestiture requires Attorney General notice at least 20 days before hearing (§§ 20-5, 20-6(f), 20-9) |
Court chooses public/private, cash/reasonable credit, and may approve online sale. Public sale generally has 3 weekly notices, first ≥25 days before; optional appraisal creates 2/3 aggregate floor (§§ 20-7 to 20-8) |
Supervised sale: verified report and court approval/confirmation, unless court authorized attached contract; deed due within 30 days after report approval. No-order will/independent sales bypass art. XX procedure (§§ 20-9, 20-10, 20-15) |
Surveyed Probate Act sections state no universal companion-recording document for a sale deed; representative must satisfy additional-bond rule before sale, and ordinary deed-recording law applies (§§ 12-9, 20-15) |
Deed vests all decedent's legal/equitable interest; will/independent sale survives later will set-aside or restraint. Value purchaser from independent representative gets no-inquiry/free-of-estate-rights protection absent actual-known limits (§§ 20-15, 20-18, 28-9) |
| Indiana verified 2026-08-12 | IC 29-1-7.5 governs unsupervised estates; IC 29-1-15 governs will-power and court-order sales; §§ 29-1-13-12 and 29-1-7.5-3(a)(3) separately cover completion of the decedent's land contract |
The representative takes possession of all decedent realty (§ 29-1-13-1). Estate realty may be sold under unsupervised authority or, by court order, for claims, allowances, legacies, expenses, taxes, distribution, or the estate's best interests (§§ 29-1-7.5-3, 29-1-15-3) |
A will power may be exercised without court order, although the representative may elect Chapter 15 procedure (§ 29-1-15-2). An unsupervised representative may dispose of land publicly or privately, for cash or credit, without court order (§ 29-1-7.5-3) |
Court route: petition states the reasons and describes the property; after hearing and satisfactory proof, the court may order sale (§ 29-1-15-11). The permitted purposes are listed in § 29-1-15-3. A debt/cost sale is subject to § 29-1-7-15.1(b)'s five-month petition and seven-month letters clocks |
Court fixes a hearing; unless waived, give statutory notice to heirs or devisees and affected lienholders. For realty worth no more than $1,000 excluding liens, the court may act without heir/devisee notice (§ 29-1-15-11). Separate sale notice is whatever the court directs (§ 29-1-15-15). Unsupervised administration has mandatory distributee notice but no sale-specific approval notice (§ 29-1-7.5-1.5) |
Court chooses private sale or public auction. Minimum: fair market value privately, two-thirds of fair market value publicly; inventory value controls unless appraisal is ordered. After one year, sale requires a court-ordered reappraisal within the preceding three months (§§ 29-1-15-13 to -14). Unsupervised sale may be public/private and cash/credit (§ 29-1-7.5-3) |
The current supervised-sale provisions require advance order but state no universal post-sale confirmation; the order-based deed substantially recites the court, county, order date, consideration, and land. Will-power and unsupervised deeds use separate statutory recitals (§§ 29-1-15-18, 29-1-7.5-3.6). An unsupervised estate cannot close until its personal-representative deed is executed and recorded (§ 29-1-7.5-4) |
Record with the county recorder where the land lies (§ 32-21-4-1). For a will-power deed, certified copies of the will and letters may be recorded with it as prima facie authority evidence (§ 29-1-15-17). The surveyed probate-sale statutes do not mandate one universal companion order or letters filing for every route |
Good-faith purchasers receive route-specific irregularity protection when the court sale was jurisdictionally authorized and noticed, the will power was substantially followed, or unsupervised authority was substantially followed (§ 29-1-15-19). The state inheritance/estate-tax lien does not reach interests acquired through any of those three routes (§ 29-1-15-20) |
| Iowa verified 2026-08-12 | Will-power exception or court-supervised Probate Code sale procedure (Iowa Code §§ 633.383-633.402) |
Decedent's nonexempt realty may be sold for debts/charges, distribution, or another estate-best-interest purpose; homestead has separate survivor conditions (§ 633.386) |
Will power to sell, mortgage, lease, pledge, or exchange removes statutory procedure; absent it, realty follows the court route (§ 633.383) |
Petition states reasons and describes property; court may authorize after proof, set price/terms, method, sequence, appraisal, and bond (§§ 633.388-.389, .396) |
Serve distributees and special-notice requesters unless written waiver or all are PRs who signed; private-sale report may trigger hearing and written objections (§§ 633.389, .399) |
Court chooses private sale or public auction and terms; credit over 12 months needs noticed hearing; appraisal discretionary, with special private-sale confirmation treatment (§§ 633.392, .396-.399) |
Verified report after sale; court confirms only if price/terms advantage estate and sale conforms to law, then orders deed delivery (§ 633.399) |
Record acknowledged deed in property county; if probate proceedings occurred in another county, file complete transcript with that county's clerk (§§ 558.41-.42, 633.401) |
Nonjurisdictional irregularity bars collateral attack; recovery action by decedent/protected-person/beneficiary claimant has 5-year recording limit (§§ 633.395, 633.93) |
| Kansas verified 2026-08-12 | Will-power sale or court-supervised Article 23 sale; proposed transaction may be confirmed in initial order (§§ 59-1410, -1413, 59-2303 to -2311) |
PR possesses estate property except homestead/family allowances; sale grounds include expenses, taxes, debts, charged legacies, wasting asset, or estate best interests (§§ 59-1401, -1410) |
Executor or administrator c.t.a. may use will sale power without court order unless will limits it; unavailable during listed will contests and subject to § 59-704 (§ 59-1413) |
Petition states sale reasons and property; court may order within petition and may confirm fully disclosed proposed transaction satisfying conflict/appraisal rules (§§ 59-2303 to -2305; § 59-1703) |
Petition-hearing notice, unless waived, is court-directed; public auction also requires 3 weekly publications, with sale 10–30 days after last publication (§§ 59-2304, -2308) |
Order selects private/public and cash/deferred terms; private floor 75% of appraisal, appraisal/reappraisal within 6 months by ≤3 disinterested court-approved appraisers (§§ 59-2305, -2307) |
Ordinary route: verified report, court compliance finding, confirmation, then deed reciting order; initial-order confirmation eliminates later report/confirmation (§§ 59-2305, -2309) |
Record deed with register of deeds in land county; surveyed statewide provisions require deed to reference court order but not separate recording of order, letters, or will (§§ 59-2309, 58-2221) |
BFP takes free of creditor/heir/devisee claims transferred to proceeds except tax liens; court-route deed is presumptive compliance evidence and conveys decedent's interest (§§ 59-1410, -1413, 59-2309, -2311) |
| Kentucky verified 2026-08-12 | KRS 395.220 and 389A.010-.020: executor uses will sale power; otherwise personal representative seeks District Court power to sell decedent's real estate. KRS 395.195's general independent asset-disposal power expressly excludes land |
Court route reaches any real estate or interest possessed by the decedent (§ 389A.010(1)). Will route reaches land the will directs or devises to executor/another for sale or places under discretionary sale power (§ 395.220) |
Executor(s) undertaking will may sell/convey under direction, devise-for-sale, or discretionary power; surviving/remaining executor may continue. If named seller refuses/dies before completion, executor may act (§ 395.220). Will contest suspends power absent court judgment |
Fiduciary lacking sale power moves District Court where qualified; motion gives adequate property description, grounds, and asks to increase bond adequately (§ 389A.010(1)-(2)). Court may grant power; express will limitation changes only through Circuit Court findings under § 389A.020 |
Unless written waiver, serve motion/hearing notice as for civil action on every vested/contingent interest holder. Disability cases follow CR 4.04(3)/17.03 and known adult next of kin get certified-mail notice ≥30 days before hearing; affidavit, notice copy, and receipts filed. All may present evidence (§ 389A.010(3)) |
Will or final court sale power controls terms. Surveyed statutes state no universal auction/private-sale mandate, appraisal percentage, deposit, or credit formula for this personal-representative route; fiduciary remains subject to will restrictions and reasonable-benefit duty |
No separate post-sale report/confirmation stated. After District Court order, aggrieved party has 30 days to start Circuit Court adversary proceeding; conveyance is barred until final order and appeal time expire, and an earlier attempt is voidable (§ 389A.010(4)) |
Record deed with county clerk. Deed states grantor/grantee names and mailing addresses, consideration, tax-bill address, and required sworn certificate; clerk generally cannot record a noncompliant deed (§ 382.135). Surveyed statutes state no universal rule to record letters or sale order with deed |
No broad statutory no-inquiry shield found. A conveyance made before § 389A.010(4)'s challenge/appeal periods expire is voidable by the court; ordinary deed recording supplies notice even if clerk accepted an instrument noncompliant with § 382.135 |
| Louisiana verified 2026-08-12 | La. C.C.P. arts. 3261-3284 and 3396.2, 3396.15: ordinary administration uses court-authorized public/private sale procedure; court-ordered independent administration generally removes application, objection delay, and court action |
Representative is fiduciary charged with collecting, preserving, and managing succession property (art. 3191). Any succession property may be sold for debts, legacies, or another court-authorized purpose; no movable-before-immovable priority (arts. 3261-3262) |
Testament language authorizing an 'independent administrator' or 'independent executor' requires an independent-administration order (art. 3396.2). That court-authorized representative generally uses Chapters 4-12 powers without court application/action (art. 3396.15); ordinary administration remains supervised |
Public-sale petition describes property and reasons; court must find auction in succession's best interests (art. 3271). Private-sale petition states description, price, conditions, and reasons and attaches any agreement; after no timely opposition, court must find best interests and set minimum price (arts. 3281, 3284) |
Public immovable sale notice published at least twice in succession parish and also property parish if different (art. 3272). Private-sale application likewise published at least twice; heir, legatee, or creditor has 7 days after last publication to oppose, tried summarily (arts. 3282-3284) |
Public auction or private sale. Cash is default; court may authorize credit and set terms/security (art. 3263). First auction needs at least 2/3 of inventory appraisal; after readvertisement, second offering goes to highest bidder regardless of price (art. 3273). Private order fixes minimum price (art. 3284) |
Ordinary route uses a pre-sale authorization order; arts. 3261-3284 state no separate post-sale report or confirmation. A pre-approval private agreement is suspensively conditioned on court approval (arts. 3281, 3284). Independent route generally dispenses with court application/action (art. 3396.15) |
Transfer immovable by authentic act or act under private signature and file it for registry in the parish where property is located to affect third persons (C.C. art. 1839). Surveyed sale statutes state no universal companion-recording rule for letters or sale order |
No immediate broad no-inquiry shield found. An action based on defective sale procedure is prescribed 2 years after alienation when a court authorized the sale, or when a court order authorized independent administration (La. R.S. 9:5632) |
| Maine verified 2026-08-12 | Maine UPC general-powers model, 18-C M.R.S. §§ 3-701 to 3-717; PR ordinarily sells under owner-like title power without court order, subject to will, formal-order, fiduciary, conflict, notice, and corepresentative limits |
PR may take possession/control when administration requires; realty may remain with presumptive successor until then (§ 3-709). Sale power reaches estate land in Maine or another state and any real-property interest (§ 3-715(6), (23)) |
Appointment starts the powers; no will power is required. PR has absolute-owner-like title power without hearing/order, but will/formal-order restrictions apply (§§ 3-701, 3-711, 3-715). Successor cannot exercise a power expressly personal to named executor (§ 3-716) |
No ordinary sale petition or findings. PR proceeds without adjudication/order except as specified or ordered for supervised administration (§§ 3-704, 3-504). Conflict sale is voidable unless authorized by will/contract, consented to after fair disclosure, or court-approved after notice (§ 3-713) |
At least 10 days' notice to every person succeeding to an interest in the realty unless will authorizes sale without that notice (§ 3-711). No ordinary hearing. Conflict approval requires interested-person notice (§ 3-713); corepresentatives generally all concur (§ 3-717) |
Public/private sale of Maine or out-of-state land for cash/credit; estate realty may be sold for cash, credit, or both, with/without security (§ 3-715). Inventory states date-of-death fair market value; disinterested appraiser optional; no statutory sale-price percentage floor (§§ 3-706 to 3-707) |
No universal sale report or confirmation. PR may execute a deed completing decedent's enforceable land contract and may sell estate realty under general powers (§ 3-715); appointment must remain effective (§ 3-711) |
Deed is acknowledged before recording and records in registry for each county/district where land lies (33 M.R.S. §§ 201, 203). Surveyed statutes state no universal letters, will, or sale-order companion-recording condition |
Good-faith value buyer protected as if power properly exercised; no inquiry/application-of-assets duty, and protection extends to procedural irregularity/jurisdictional defect (§ 3-714). Will/order limits bind without actual knowledge only when supervised restriction is endorsed on letters (§§ 3-504, 3-714) |
| Maryland verified 2026-08-12 | Estates & Trusts §§ 1-301 and 7-401 to 7-404 use a broad default-power model, not supervised/independent tracks. The representative may sell estate realty without court application unless validly limited; § 7-402 supplies an optional permission petition |
At death, all decedent property passes directly to the representative, who holds legal title for administration and distribution without real/personal priority (§ 1-301). Inventory includes real property and encumbrances (§ 7-201) |
Statute and will powers may be exercised without court application, approval, or ratification. Unless the will or a court order validly limits authority, the representative may sell, mortgage, pledge, exchange, or lease property (§ 7-401(a), (n)) |
No transaction-specific petition is generally required. The representative may petition for permission to act in any administration matter, and the court may enter any proper order (§ 7-402). The surveyed provisions state no universal necessity, debt-payment, or best-interest finding for an ordinary sale |
The general sale-power statutes prescribe no sale-specific notice, hearing, publication, or objection procedure. A valid will limitation or court order still controls, and an optional § 7-402 petition proceeds under the applicable probate procedure |
Section 7-401 authorizes sale, mortgage, pledge, exchange, or lease but states no public/private-sale restriction, universal appraisal, percentage floor, deposit, credit formula, or overbid procedure. Fiduciary-duty liability remains under § 7-403 |
No universal sale report or confirmation is required. The representative executes the deed under statutory/will authority or any court permission; Maryland ordinary deed law requires execution and recording for a freehold deed to pass or take effect (Real Prop. § 3-101) |
Record in the circuit-court land records with the statewide tax endorsement, intake/copy requirements, typed names, and attorney-or-party preparation certification (Real Prop. §§ 3-101, 3-104). The surveyed statutes do not mandate recording letters or a probate order with every representative deed |
Without actual knowledge or reasonable cause to inquire into misuse, a person dealing with the representative need not investigate and is protected as if power was proper; no duty to trace estate-asset application (§ 7-404). Recording is necessary for the deed to pass legal title and Maryland's race-notice priority then applies (Real Prop. §§ 3-101, 3-203) |
| Massachusetts verified 2026-08-12 | G.L. c. 190B, § 3-715(a)(23½) specifically governs arm's-length estate realty sales and preserves the older c. 202 license route; § 3-715(b) excludes this power from a special personal representative |
Real and personal property devolves at death subject to allowances, creditors, elective share, and administration (§ 3-101). The representative takes possession or control when administration requires it, but may leave realty with the presumptive successor (§ 3-709) |
Testate sale without a c. 202 license requires a will, formally or informally probated, that empowers the representative to sell, lease, or encumber the realty (§ 3-715(a)(23½)(ii)(a)). A successor may not exercise a power expressly personal to the named executor (§ 3-716). An intestate representative needs a c. 202 license |
License route: petition under c. 202. The court may authorize public auction; for private sale it must hold a hearing and find an advantageous offer and that acceptance promotes all parties' interests (c. 202, § 14). The decree supplies the licensed authority; § 3-715(a)(23½) also requires a license when the probated will lacks sale power |
The license route includes court-ordered publication of the petition and hearing; c. 202, § 38's conclusive-price presumption requires that publication and no outstanding appearance against the sale when the decree enters. A will-power sale under § 3-715(a)(23½)(ii)(a) does not use the c. 202 license-hearing route |
Section 3-715(a)(23½) permits arm's-length sale, lease, or encumbrance for cash, credit, or both, with or without security. Under c. 202, § 14, the license may authorize public auction or a private sale after the advantageous-offer and all-parties-interest findings. The surveyed provisions state no universal appraisal percentage or courtroom-overbid formula |
A will-power sale proceeds under the probated will and § 3-715(a)(23½), without a separate c. 202 license. The license route requires the court decree before conveyance; c. 202, § 14 authorizes the representative to convey the decedent's estate interest. Section 3-715(a)(3) separately permits a deed completing the decedent's enforceable land contract |
Record the deed in the registry of deeds for the county or district where the land lies; without recording it is ineffective against later persons lacking actual notice (G.L. c. 183, § 4). Registered-land filings may require Land Court review and authority documents, but the surveyed general statutes do not impose one universal companion-document rule for all land |
A value purchaser dealing in good faith is protected as if the representative properly exercised the power, need not inquire merely because the seller is a representative, and need not monitor application of estate assets (§ 3-714). Actual knowledge and endorsed supervised restrictions remain exceptions. A properly noticed uncontested c. 202 decree conclusively establishes the licensed offer as the highest possible price and fiduciary compliance on price (§ 38) |
| Michigan verified 2026-08-12 | EPIC §§ 700.3701, 700.3703 to 700.3704, and 700.3711 to 700.3715 supply a broad representative-powers model. This cell covers sale or conveyance to a purchaser, not an in-kind deed of distribution under §§ 700.3909 to 700.3910 |
Property devolves to devisees or heirs at death subject to allowances, creditors, elective share, and administration (§ 700.3101). The representative may take possession or control when necessary for administration (§ 700.3709) and has an absolute owner's title power, held in trust for creditors and interested persons (§ 700.3711) |
The statutory power begins on appointment and does not depend on a will power (§§ 700.3701, 700.3711). It is limited by the will or a formal-proceeding order (§ 700.3715(1)); a supervised representative retains the same powers unless the court restricts them, and a restriction must be endorsed on the letters to bind a good-faith dealer (§ 700.3504). Corepresentatives ordinarily must concur (§ 700.3717) |
No petition or advance finding is ordinarily required: the representative proceeds without court adjudication, order, or direction and may invoke jurisdiction to resolve an administration question (§ 700.3704). A state or county public administrator must obtain approval; after notice and hearing, the court considers value and county-treasurer information and must find the sale in the estate's best interest (§ 700.3715(2)(a)) |
No sale-specific notice, hearing, or objection procedure applies to an ordinary representative's exercise of the § 700.3711 power. The state-or-county-public-administrator exception requires a hearing with notice to interested persons as specified by Michigan court rules (§ 700.3715(2)(a)); conflict approval also requires court approval after notice (§ 700.3713(1)(b)) |
Acting reasonably for interested persons, the representative may acquire or dispose of land in Michigan or another state for cash or credit at public or private sale, and may sell or mortgage estate property for cash, credit, or both, with or without security (§ 700.3715(1)(f), (y)). No universal appraisal, percentage floor, deposit, overbid, or confirmation formula appears in these ordinary-sale provisions |
No statutory sale report or confirmation is ordinarily required before the representative executes and delivers the deed. If the decedent's enforceable land contract requires warranties, the deed must include them; they bind the estate but not the representative except in a fiduciary capacity (§ 700.3715(1)(c)). A conflicted sale is voidable unless an exception applies (§ 700.3713) |
Record the acknowledged deed with the register of deeds for the county where the land lies (§§ 565.8, 565.47). Section 565.201 supplies statewide instrument-format, grantee-address, drafter-identification, and first-page requirements. The surveyed EPIC and recording provisions do not universally require letters, a probate order, or another probate document to accompany an ordinary domestic representative's deed |
A good-faith value purchaser is protected as if the power was properly exercised, ordinarily need not investigate authority or application of proceeds, and remains protected despite procedural irregularity or a jurisdictional defect in issuance of letters (§ 700.3714). Actual knowledge of a will/order limit and restrictions endorsed on supervised letters remain effective; transfer-tax liens are not discharged. Recording determines priority against a later good-faith value purchaser (§ 565.29) |
| Minnesota verified 2026-08-12 | UPC-based Minn. Stat. §§ 524.3-709 to -717: appointment supplies owner-like title power and enumerated land-sale authority without a transaction-specific court process, subject to fiduciary, will/order, informal-appointment, devise, homestead, conflict, and co-representative limits |
Representative takes possession/control as administration requires (§ 524.3-709) and may dispose of land in Minnesota or another state (§ 524.3-715(6)). Realty power includes estate interests and homestead, but a specific devise and a spouse's homestead interest trigger limits (§ 524.3-715(23)) |
No express will power or independent-election order is ordinarily required; § 524.3-711 permits no-notice/no-order exercise. Informally appointed representative must wait 30 days after letters issue before selling decedent realty. Will/formal-order restrictions govern proper exercise (§ 524.3-715) |
No petition or necessity/debt finding is ordinarily required. Court approval after notice is an alternative safe route for a substantial-conflict transaction (§ 524.3-713). The surveyed sale statutes state no general petition allegations or judicial fair-price findings |
Ordinary arm's-length sale needs no notice or hearing (§ 524.3-711). A conflict transaction is voidable unless fair-disclosure consent, express decedent authorization, or court approval after notice to interested persons applies (§ 524.3-713). No general publication or proposed-action notice |
Representative acting reasonably for interested persons may dispose of land publicly or privately, for cash or credit (§ 524.3-715(6)); may sell realty for cash, credit, or both, with or without security (§ 524.3-715(23)). No universal appraisal, price floor, deposit, advertising, or overbid formula |
No universal sale report or confirmation follows an ordinary statutory sale. Representative executes under §§ 524.3-711 and -715; co-representatives generally all concur unless will/court, emergency, or delegation rules apply (§ 524.3-717). Successor cannot use a power expressly personal to the named executor (§ 524.3-716) |
Record with county recorder where land lies (§§ 507.24, 507.34); registered land uses registrar of titles (§§ 507.091-.092). Recordable deed needs execution/acknowledgment and generally original signatures, plus drafter and future-tax-statement names/addresses (§§ 507.091-.092, 507.24). No universal letters or sale-order recording rule |
Good-faith value buyer is protected as if power was proper, ordinarily need not inquire or trace proceeds, and is protected through procedural/jurisdictional appointment defects (§ 524.3-714). Actual knowledge and supervised restrictions endorsed on letters are exceptions; unrecorded deed loses to a later good-faith value purchaser who records first (§ 507.34) |
| Mississippi verified 2026-08-12 | Will-directed conveyance or chancery-supervised estate sale; ordinary judicial-sale and private-sale procedures differ (§§ 91-7-49, 91-7-187 to -211; §§ 11-5-93 to -117) |
Realty is chargeable with estate debts and expenses; court may prefer realty, sell purchase-money land, or sell part/all needed for debts and expenses (§§ 91-7-91, -187, -189, -191, -199) |
Lawful will directions govern; named executors/trustee convey, with administrator c.t.a. succeeding after failure, death, or nonperformance; no separate statutory independent-administration election (§ 91-7-49) |
PR, specified beneficiaries, or registered creditor petitions; debt-sale petition accounts for personalty, debts, expenses, and land; court finds statutory benefit or necessity (§§ 91-7-187, -189, -191, -195, -199) |
All interested parties receive summons or publication stating hearing time/place; court hears support and objections; special five-day notice rules govern vacation confirmation and bond-default substitution (§§ 91-7-197, -199, -207; § 11-5-107) |
Court controls method, time, place, and terms; default is cash, credit requires double purchase-money security; fully specified private sale is allowed; no probate-sale appraisal floor stated (§§ 11-5-93, -95, -117) |
Ordinary sale requires written compliance report and confirmation before ordered deed; fully specified private-sale decree needs no later confirmation; deed may recite decree or will power (§§ 11-5-103, -107, -117; § 89-1-67) |
Record deed with chancery clerk in land county; surveyed statewide provisions do not require separately recording letters or a sale/confirmation decree with the deed (§§ 89-1-67, 89-5-1) |
Statutory form conveys only what lawfully could be conveyed; illegal court sale may yield purchase-money lien/estoppel, and qualifying good-faith paid court sale has two-year recovery limit (§§ 89-1-67, 91-7-209, -211; § 15-1-37) |
| Missouri verified 2026-08-12 | Chapter 473 separates will-power sales (§ 473.457), supervised court sales (§§ 473.460 to 473.523), and independent administration (§§ 473.780 to 473.833). This cell covers third-party sales, not § 473.844 distribution deeds |
Supervised representative takes realty possession only by court order when needed for claims or preservation (§ 473.263). Court sale may serve claims, allowances, legacies, administration expenses, taxes, distribution, estate best interests, or burdensome in-kind distribution (§ 473.460). Independent representative controls property as administration requires (§ 473.803) |
Executor with will power may use it or elect statutory court procedure (§ 473.457). Independent authority must appear in letters through will direction, required consents, or the disability route (§ 473.780), and permits realty sale for cash/credit with or without security (§ 473.810) |
Representative's petition states the reason, describes the land, and discloses judgment/attachment liens; a creditor or other interested person may petition after 20 days' notice to the representative (§§ 473.493, 473.497). After satisfactory proof, court may order sale. Personalty is exhausted first for estate obligations unless court orders otherwise (§ 473.460) |
Petition-hearing notice goes to record-listed interested heirs/devisees and court-directed persons by mail, publication, or both; publication is weekly for 4 weeks and sets hearing 30-42 days after first insertion (§ 473.493). Public-sale notice is weekly for 4 weeks (§ 473.507). Sale report remains filed 10 days for written objections (§ 473.513) |
Court order selects private sale or public auction; private-sale floor is 3/4 of appraised value. Court may set credit, interest, security, and other estate-benefit terms and may order reappraisal on probable value change (§§ 473.473, 473.500). Public auction is open at the courthouse door or other court-set county place (§ 473.510) |
Within 10 days after sale, file a full verified report with any new appraisal and public advertisement; after the 10-day objection period, court approves only if price/terms are most advantageous and law was followed. Then representative executes, acknowledges, and delivers the deed with prescribed proceeding recitals (§§ 473.513, 473.520) |
Record the acknowledged deed with the county recorder where the land lies (§ 442.380). The supervised deed itself must recite the sale order, court, appraisal, advertisement, sale time/place, report, approval order, consideration, and estate interest (§ 473.520); surveyed statutes do not require a separate certified order or letters to accompany every deed |
Court-ordered proceedings resist collateral attack for irregularity when the ordering court had estate jurisdiction (§ 473.480). A good-faith value buyer from an independent representative is protected as if power was properly exercised, has no duty to inquire, and keeps the conveyance despite an unreasonable-benefit breach (§ 473.811). Recording gives notice to later purchasers (§§ 442.390-.400) |
| Montana verified 2026-08-12 | Montana UPC general-powers model, MCA §§ 72-3-601 to -624; ordinary PR sale uses owner-like title and transaction powers without notice/hearing/order, subject to Code, will, formal-order, fiduciary, conflict, supervision, and corepresentative limits |
PR may take possession/control when administration requires; realty may remain with presumptive successor until then (§ 72-3-606). Sale power reaches estate land in Montana or another state and any estate real-property interest (§ 72-3-613(6), (23)) |
Appointment starts the powers; no will power is required. PR has absolute-owner-like title power without notice/hearing/order (§§ 72-3-601, -619). Successor cannot exercise a power expressly personal to named executor (§ 72-3-621) |
No ordinary sale petition or findings; PR proceeds without court order except as Code specifies or court orders for supervised PR (§§ 72-3-605, -404). Conflict transaction may use court approval after interested-person notice (§ 72-3-615) |
No ordinary arm’s-length sale notice/hearing. Conflict approval requires notice to interested persons (§ 72-3-615). Corepresentatives generally all concur unless will or statutory exception applies (§ 72-3-622) |
Public/private sale of Montana or out-of-state land for cash/credit; estate realty may be sold for cash, credit, or both, with/without security (§ 72-3-613). Inventory uses date-of-death fair market value and optional disinterested appraiser; no sale-price percentage floor (§ 72-3-607) |
No universal sale report or confirmation. PR may execute deed completing decedent’s enforceable land contract and may sell estate realty under general powers (§ 72-3-613); appointment must remain effective (§ 72-3-619) |
Deed is acknowledged/proved and records with county clerk where land lies (§§ 70-21-203, -208; 7-4-2613). Surveyed statutes state no universal letters, will, or sale-order companion-recording condition |
Good-faith value buyer without notice protected as if power properly exercised; no inquiry/application-of-assets duty, extending to procedural irregularity/jurisdictional defect (§ 72-3-618). Recorded deed gives constructive notice and first-recorded good-faith priority (§§ 70-21-302, -304) |
| Nebraska verified 2026-08-12 | Nebraska UPC general-powers model; ordinary administration and estate-title power operate without a sale order unless court specifically orders otherwise (§§ 30-2465, -2472, -2476) |
PR may take possession/control when needed for administration; otherwise realty may remain with presumptive successor (§ 30-2470) |
No will power required: statutory owner-like title power is exercisable without notice, hearing, or order, subject to code/will/formal-order restrictions (§§ 30-2472, -2476) |
No ordinary sale petition or findings. PR may seek court resolution; supervised PR retains ordinary powers without interim orders unless restricted (§§ 30-2465, 30-2442) |
No ordinary sale notice/hearing. Conflict sale is voidable unless fairly disclosed and consented to, will/contract-authorized, or court-approved after notice (§ 30-2474) |
Public/private sale of Nebraska or out-of-state land for cash/credit; any estate realty may be sold for cash, credit, or both, with/without security; no sale-specific appraisal floor (§ 30-2476) |
No statutory sale report or confirmation; PR may convey estate land and execute a deed completing decedent's enforceable land contract (§§ 30-2472, -2476) |
Acknowledge and deliver deed to county register; grantee files statewide transfer statement. No universal probate order or letters companion stated (§§ 76-211, -214, -216, -237) |
Good-faith value buyer protected as if power properly exercised; generally no inquiry/application-of-proceeds duty, plus race-notice protection when buyer records first (§§ 30-2475, 76-238) |
| Nevada verified 2026-08-12 | Court-confirmed sale framework under NRS Chapter 148; summary administration has a stated exception (NRS 148.050-.080, .220-.320) |
Estate property may be sold for debts, devises, family allowance, expenses, or estate/interested-person advantage, subject to statutory exceptions (NRS 148.050) |
Will direction/power permits public or private sale with or without notice, but return and confirmation remain mandatory and will directions control method/property (NRS 148.080) |
Report and confirmation petition due within 30 days; court examines legal/fair sale, value, appraisal, and higher-offer potential (§§ 148.060, .270) |
Court sets confirmation hearing and notice; interested person may object and be heard. Sale publication generally 3 times over 2 weeks, with waiver/shortening routes (NRS 148.060, 148.070, 148.220) |
Public auction or written-bid private sale; private sale generally needs fair-market-value offer and appraisal within 1 year, subject to waiver; credit secured by mortgage (§§ 148.230-.260, .290) |
No title before confirmation; confirmed sale directs representative's deed referring to the order (§§ 148.060, .270-.280) |
Certified confirmation order must be recorded in the property county; § 148.280 states the order-recording duty, not a universal letters attachment |
Confirmed deed passes decedent's death-time interest plus estate-acquired interests; recovery/set-aside actions use NRS 11.270 limitations. No general no-inquiry shield (§§ 148.280, .320) |
| New Hampshire verified 2026-08-12 | RSA chs. 554 and 559 plus Probate Division Rules 106-107 create licensed and no-license sale tracks; 'administrator' includes an executor (§ 553:1) |
Inventory lists known realty and date-of-death fair market value (§ 554:1). License may reach decedent land, estate-acquired land, a specified non-fee interest, timber/wood, or the whole parcel when partial sale would injure interested persons (§§ 559:1 through 559:4) |
No license when the will directs the sale or all required consents are obtained (Prob. Div. R. 107; § 559:18). Written-consent route requires surviving spouse plus heirs/devisees, or disability representatives; will may provide otherwise (§ 559:18) |
Debt/legacy sale requires motion after inventory acceptance; show insufficiency/necessity, inventory and current value, legal description, and deed book/page. Court licenses only when personalty is insufficient; heirs/devisees may stop it with a sufficient bond (§§ 554:17, 559:1, 559:7; Rules 106-106-A) |
Motion copies go to counsel, appearing parties, and beneficially interested persons; court holds an unassented motion 10 days, objections are due in 10 days, and hearing occurs only on timely written request (Prob. Div. R. 21, 58). Public-sale notice is reported after sale (§ 559:15) |
Licensed sale may be auction or private sale as the license directs; fiduciary takes statutory oath, sale must occur within 2 years, and price cannot be below inventory value unless court orders otherwise (§§ 559:9, 559:10, and 559:14; Rule 106). Consent sale requires fidelity and impartiality (§ 559:18) |
No separate pre-deed confirmation. Licensed fiduciary who took the oath and followed the license executes the deed, then within 1 year returns license, sale account, and sworn notice affidavit for approval/record (§§ 559:11, 559:15). No-license fiduciary reports net proceeds within 30 days (Rule 107) |
Deed is signed, acknowledged, shows grantee address, and records in county registry (§§ 477:3, 477:3-a). Probate records are exempt from § 477:3-a recording; surveyed statutes state no universal certified-license/order companion-recording condition |
A § 559:18 consent sale conveys title free of decedent-creditor and decedent/will claimant claims, which attach to proceeds (§ 559:19). Licensed-sale statute says compliant deed is valid (§ 559:11); recording protects against later bona fide value purchasers (§ 477:3-a), with no broader statutory no-inquiry shield |
| New Jersey verified 2026-08-12 | N.J.S.A. 3B:14-23, 3B:14-35 to -37 supply a default fiduciary-sale and purchaser-protection model. The statutory term fiduciary includes executors and administrators (§ 3B:1-1). This cell covers a sale to a purchaser, not distribution to a devisee or heir |
Real and personal property devolves at death to devisees or heirs subject to creditors and administration (§ 3B:1-3). The default power reaches estate property and realty belonging to the decedent at death, but excludes property or an interest specifically disposed of by the will (§ 3B:14-23(e)) |
A separate will power is unnecessary for nonspecifically devised property: § 3B:14-23 supplies the power unless a contrary or limiting provision appears in the appointment judgment/order, will, deed or other instrument, or a later court judgment/order. Three or more qualified fiduciaries may act by majority; a surviving fiduciary may continue unless the instrument says otherwise (§ 3B:14-23(i), (k)) |
No petition or advance judicial finding is stated for the ordinary default-power sale. The court may authorize another power if it finds the exercise necessary or advisable for proper administration (§ 3B:14-24). A conflicted sale may be saved by court approval only after notice to interested persons (§ 3B:14-36) |
The ordinary § 3B:14-23(e)(2) sale has no sale-specific statutory notice, hearing, publication, consent, or objection track. Notice to interested persons is expressly required when the court is asked to approve a conflicted transaction under § 3B:14-36(b) |
The fiduciary may choose public or private sale and terms that, in the fiduciary's opinion, are most advantageous to interested persons, subject to good faith and reasonable discretion (§ 3B:14-23). The surveyed provisions state no universal appraisal, percentage floor, deposit, advertising, credit, competitive-bid, or overbid formula |
No sale report or court confirmation is stated for the ordinary route. The fiduciary executes the deed in representative capacity; a properly made fiduciary contract does not impose individual liability if it reveals the fiduciary capacity and identifies the estate (§ 3B:14-31). A substantial-conflict sale is voidable unless authorized, approved after notice, or consented to after fair disclosure (§ 3B:14-36) |
Record the acknowledged deed with the county recording office where the land lies. Statewide recording law requires signature, acknowledgment or proof, printed signer names, lot/block or account reference, deed preparer's name, grantee mailing address, and consideration compliance (§§ 46:14-2.1, 46:26A-3). The surveyed domestic-estate statutes do not universally require letters or a sale order to accompany the deed |
A nonbeneficiary who in good faith deals with the fiduciary for value is protected as if the power was properly exercised, generally need not investigate the power, is not responsible for applying proceeds, and remains protected despite procedural irregularity or jurisdictional defect in issuance of letters (§ 3B:14-37). Specifically devised realty is excluded from the no-actual-knowledge limit rule; actual knowledge of another limit matters. Recording supplies race-notice priority (§ 46:26A-12) |
| New Mexico verified 2026-08-12 | New Mexico UPC general-powers model; ordinary administration and estate-title power operate without a sale order (§§ 45-3-704, -711, -715) |
Realty devolves to heirs/devisees subject to administration; PR may take possession/control when needed, otherwise leave it with presumptive successor (§§ 45-3-101, -709) |
No will power required: statutory owner-like title power is exercisable without notice, hearing, or order, subject to will/code/formal-order restrictions (§§ 45-3-711, -715) |
No ordinary sale petition or findings. PR may seek court resolution; supervised PR retains ordinary powers without interim orders unless restricted (§§ 45-3-704, 45-3-504) |
No ordinary sale notice/hearing. Conflict sale is voidable unless fairly disclosed and consented to, will/contract-authorized, or court-approved after notice (§ 45-3-713) |
Public/private sale of New Mexico or out-of-state land for cash/credit; unpaid balance generally secured unless court waives for good cause; no sale-specific appraisal floor (§ 45-3-715) |
No statutory sale report or confirmation; PR may convey estate land and execute a deed completing decedent's enforceable land contract (§§ 45-3-711, -715) |
Record acknowledged deed with county clerk where land lies; surveyed statewide statutes require no sale order, letters, or will as a universal companion (§§ 14-8-4, 14-9-1) |
Good-faith value buyer protected as if power properly exercised; generally no inquiry/application-of-proceeds duty, with actual-knowledge and endorsed-supervision limits (§§ 45-3-714, 45-3-504) |
| New York verified 2026-08-12 | Default fiduciary powers under EPTL § 11-1.1 plus optional or authority-supplying Surrogate's Court disposition under SCPA art. 19 |
Default power reaches estate-owned property except specifically disposed property; Article 19 reaches a decedent's real property or any interest for debts, expenses, taxes, distribution, or another court-deemed necessary purpose (EPTL § 11-1.1(b)(5); SCPA §§ 1901-1902) |
No special will power is needed for the default statutory sale power, but a will or court order may limit it; a restriction or specific disposition may be overcome with Surrogate approval when necessary for SCPA § 1902 purposes (EPTL § 11-1.1(b)(5)) |
Verified Article 19 petition may be filed by the fiduciary or an interested person; court examines the facts, value, and best manner/time, and may approve a contract or set terms (SCPA §§ 1904, 1907) |
If Article 19 petition is entertained, process issues to all interested persons and to creditors if the court directs; disputed claims may be tried in the proceeding (SCPA §§ 1904, 1906) |
Default power permits public or private sale on fiduciary-selected advantageous terms; Article 19 court may choose public/private sale and fix manner, terms, and conditions after examining value (EPTL § 11-1.1(b)(5)(B); SCPA § 1907) |
Default statutory-power sale has no Article 19 report/confirmation step. Court-ordered route requires execution subject to court approval and a report; no further order or confirmation if the petition attached the contract and the order approved it (EPTL § 11-1.1(b)(17); SCPA § 1911) |
Record acknowledged deed with county clerk or applicable city registrar; a court-issued certificate of letters is authority evidence for 6 months. Fiduciary must separately notify local assessor and tax office of a transfer (RPL § 291; SCPA §§ 703, 1923) |
Article 19 ordered conveyance binds listed present/future interests and parties; procedural/jurisdiction challenges close after 10 years. A deed by fewer than all qualified executors has a separate 10-year cure subject to an earlier-recording good-faith grantee (SCPA §§ 1913, 1922; EPTL § 11-1.4) |
| North Carolina verified 2026-08-12 | G.S. §§ 28A-13-3, 28A-15-1, and Article 17 of Chapter 28A govern a personal representative's sale of estate realty; court-route sales incorporate Article 29A of Chapter 1. This cell covers a sale to a purchaser, not an heir's or devisee's own conveyance under § 28A-17-12 or summary administration |
All legal and equitable real and personal property is available for debts and claims unless expressly excluded, with no necessary real/personal preference; the representative selects realty only after deciding that selection serves the estate administration's best interest (§ 28A-15-1). Specifically devised property may be sold, with abatement handled by contribution or adjustment (§ 28A-15-5) |
A will power removes the Article 17 special proceeding. A general grant to sell realty, or incorporation of § 32-27(2), is sufficient (§ 28A-15-1(c)). Under § 28A-17-8 the sale may be public or private, unless the will directs otherwise, on the terms the representative considers most advantageous. Section 32-27(2) adds credit and no-duty-to-follow-proceeds language |
Without will authority, petition the clerk in a county containing some of the realty to sell for debts and claims (§ 28A-17-1). The petition describes the property and interest, identifies heirs and devisees with known ages and addresses, and states the representative's determination that sale serves the estate administration's best interest (§ 28A-17-2). Uncontroverted allegations permit a summary sale order; private sale additionally requires satisfactory proof that it serves the estate's best interest (§ 28A-17-7) |
No sale order issues until heirs and devisees are parties through Rule 4 summons; the court appoints a guardian ad litem for unknown heirs or devisees and those whose addresses are unknown (§ 28A-17-4). A public sale then requires at least 20 days' courthouse-area posting and publication once a week for at least two successive weeks in the county (§ 1-339.17) |
The clerk may order public sale under the Judicial Sales Act or authorize private sale on satisfactory best-interest proof (§ 28A-17-7). The order sets terms and any cash deposit. The general real-property provisions impose no appraisal or percentage floor. Public auction and private sale both use a 10-day upset-bid cycle; each upset must exceed the prior price by at least 5%, with a $750 minimum increase and deposit (§ 1-339.25) |
A public or private sale report is due within five days and identifies authority, property, purchaser, price, and terms (§§ 1-339.24, 1-339.35). Public realty cannot be consummated before confirmation and expiration of the upset-bid period (§ 1-339.28); a private sale may be confirmed after 10 days without an upset bid (§ 1-339.37). After confirmation and buyer compliance, the authorized person executes and delivers the deed (§§ 1-339.29, 1-339.38) |
Record the deed with the register of deeds in every county containing the land. Section 47-18 makes registration the priority gateway against lien creditors and valuable-consideration purchasers. The surveyed domestic sale statutes do not require a certified order, letters, or sale report to accompany the deed, although a public-sale deed may recite the authority, proceeding, advertisement, bid, confirmation, compliance, and execution authority (§ 1-339.29(b)) |
For a § 32-27(2) will-power sale, the party dealing with the fiduciary has no duty to follow the sale proceeds. In the court route, title is delivered only after confirmation and compliance with the sale terms; the optional public-sale deed recitals document that chain. Section 47-18 protects registration priority but does not create a broader statutory shield from fraud, lack of authority, will restrictions, or existing liens |
| North Dakota verified 2026-08-12 | North Dakota UPC general-powers model; ordinary administration and estate-title power operate without a sale order (N.D.C.C. §§ 30.1-18-04, -11, -15) |
PR may take possession/control when administration requires; otherwise realty may remain with the presumptive successor (§ 30.1-18-09) |
No will power required: statutory owner-like title power is exercisable without notice, hearing, or order, subject to will/formal-order restrictions (§§ 30.1-18-11, -15) |
No ordinary sale petition or findings. PR may seek court resolution; supervised PR retains ordinary powers without interim orders unless restricted (§§ 30.1-18-04, 30.1-16-04) |
No ordinary sale notice/hearing. Conflict sale is voidable unless fairly disclosed and consented to, will/contract-authorized, or court-approved after notice (§ 30.1-18-13) |
Public/private sale of North Dakota or out-of-state land for cash/credit; any estate realty may be sold for cash, credit, or both, with/without security; inventory uses date-of-death fair market value (§§ 30.1-18-06, -15) |
No statutory sale report or confirmation; PR may convey estate land and execute a deed completing decedent's enforceable land contract; corepresentatives generally act unanimously (§§ 30.1-18-15, -17) |
Record acknowledged deed with county recorder; show grantee address and consideration/exemption, and present PR deed to county auditor before recording. No universal sale order or letters companion stated (§§ 47-19-03, -05, -07; 11-18-02.2, -03) |
Good-faith value buyer protected as if power properly exercised, without inquiry/application-of-assets duty; endorsed supervised restrictions and actual knowledge remain material (§§ 30.1-16-04, 30.1-18-14) |
| Ohio verified 2026-08-12 | Will-power sale under R.C. § 2113.39; unanimous-consent power under § 2127.011; otherwise probate-court land-sale action under R.C. ch. 2127 |
Chapter 2127 reaches any legal/equitable real-property interest decedent could sell, including mineral interests; sale becomes mandatory when personalty is insufficient for debts, support allowance, and administration costs (§§ 2127.02, 2127.07) |
Will power: no court order, for any estate-best-interest purpose unless limited (§ 2113.39). Consent power: spouse plus all legatees/devisees or heirs consent in writing, filed with court; no minor may be involved (§ 2127.011) |
Complaint states property/value, decedent interest, liens/adverse interests, and need. Optional own-motion sale requires statutory consent/interest thresholds and estate-best-interest finding; missing heir route adds best interests of missing person (§§ 2127.04, 2127.10) |
Spouse, heirs/devisees, lienholders, legal-title holders, and other interest holders are defendants; civil summons applies, but appearance/written consent waives service and unanimous consent permits immediate order (§§ 2127.12, 2127.14) |
Court route public/private; private ≥appraised value, improved public ≥2/3, unimproved public ≥1/2, subject to statutory reset. Public notice ≥3 successive weeks; deferred payments ≤2 years with security (§§ 2127.32-.34, .36) |
Court-sale representative returns proceedings; court confirms only after finding legal compliance and orders deed. Consent-power representative may execute deed without that court-sale confirmation track (§§ 2127.011, 2127.35) |
If land-sale action is outside property county, certified transcript of proceedings must be filed/recorded in each property county probate court; surveyed probate sections do not state a universal letters/order companion for the deed (§ 2127.09) |
Confirmed court-sale deed is prima-facie evidence of compliance and vests ordered interest as if conveyed by decedent and remaining-interest owners; will-power sale authority comes from will and § 2113.39 (§ 2127.35) |
| Oklahoma verified 2026-08-12 | 58 O.S. §§ 239 and 411-430, 462: regular court-supervised sale and will-authorized sale both generally end in confirmation; § 239 consent order supplies a no-further-authorization/no-confirmation track |
Regular route covers estate realty in representative's hands needed for family allowance, debts, administration charges/expenses, legacies, or estate best interests (§ 411). Verified application lists all nonhomestead realty and values (§ 412) |
Will direction/authority removes advance sale order and controls mode/property, but sale return and confirmation remain unless § 239 applies (§ 462). Section 239 requires heir/devisee/legatee determination and acknowledged consents, with stated residuary-clause exception after 3 months |
Verified application states best interest, general description/value of all nonhomestead realty, and known heirs/devisees/legatees (§ 412). Court orders only property necessary/beneficial after hearing; may sell all if partial sale would injure residue (§§ 417-419) |
Show-cause hearing 10 days to 4 weeks after order (§ 413). Publish once and mail known heirs/devisees/legatees ≥10 days before; unanimous written joinder/assent waives notice (§ 414). Interested persons may oppose at petition hearing and confirmation (§§ 414, 427) |
Court sets cash or ≥1/4 cash plus secured credit ≤2 years; public auction unless private sale benefits estate (§ 419). Both methods use 2 weekly publications and mailed notice. Private sale needs ≥90% appraisal made within 1 year, except will-authorized sale (§§ 421, 423-425) |
Except § 239, representative files sworn return; confirmation hearing gets ≥10 days' published/mailed notice. Court may accept responsible written 10%-higher offer, order resale, or confirm fair legal sale; then directs deed (§§ 426-429). Will sale also requires return/confirmation (§ 462) |
Certified confirmation order must be recorded in county register of deeds; representative deed refers to confirmation order, except § 239 sale (§§ 428, 429). Surveyed statute expressly makes order a companion record on regular route |
No title passes before confirmation except § 239 (§ 462). Confirmed deed conveys decedent's death-time interest plus later-acquired estate interest (§ 429). Section 239 authorization passes title without confirmation; withdrawn consent restores regular procedure prospectively (§ 239) |
| Oregon verified 2026-08-12 | ORS 114.215, .275, .305, and .325: heirs/devisees take subject to administration and sale; representative administers without court direction and generally deals with estate realty without notice/hearing/order |
Title vests in heirs/devisees subject to spouse/child support, creditors, administration, and representative sale (§ 114.215). Representative takes possession/control when reasonably required for administration (§ 114.225); real and personal property treated alike (§ 114.205) |
Default statutory sale power needs no will clause or court order, subject to ORS 113.105 and will/court restrictions. Sale is improper without notice, hearing, and order if it contravenes will or specifically devised property lacks will sale authority (§ 114.325) |
No routine petition. Interested person may seek relief; court may order representative to sell when satisfactory proof shows sale required for support, elective share, claims, administration expenses, or distribution and representative failed/declined (§§ 114.275, .335) |
No notice/hearing for ordinary statutory sale. Notice, hearing, and order required for will-contravening sale or unauthorized sale of specifically devised property (§ 114.325(2)); interested persons may seek court relief under ORS 111.095(4) |
Representative may sell or otherwise deal with property; statute states no universal auction/private-sale method, appraisal percentage, deposit, or overbid. Must act reasonably for interested persons; may accept other real property as part payment (§§ 114.305(16), .325) |
No post-sale report or confirmation required by surveyed sections. Representative may execute/deliver deed to complete decedent's enforceable real-property contract (§ 114.305(4)); ordinary sale authority follows § 114.325 |
Record deed in county real-property records; county clerk keeps deed/mortgage records (ORS 205.130). Surveyed probate statutes state no universal requirement to record letters or sale order with an ordinary no-order deed |
Buyer without actual knowledge of improper exercise protected as if power properly exercised; no duty to investigate power, will, or court order or trace proceeds (§ 114.385). Property remains subject to decedent/estate liens but not unsecured creditor rights or heir/devisee liens (§ 114.345) |
| Pennsylvania verified 2026-08-12 | 20 Pa.C.S. ch. 33: representative possession plus statutory, will-power, and Orphans' Court sale routes (§§ 3311, 3351-3360) |
Representative possesses and administers all Pennsylvania estate realty, except occupied heir/devisee property unless court orders possession; that occupancy does not remove sale power (§ 3311) |
Without contrary will language, representative may sell non-specifically-devised realty; specifically devised realty needs devisee joinder. An unrestricted will power includes public/private sale and may be exercised without court approval (§§ 3351, 3354) |
Orphans' Court order when title supplies no power, will denies it, or judicial-sale effect is advisable; court must find transaction desirable for proper administration/distribution and sets terms, security, and notice (§ 3353) |
Independent statutory/will-power sale has no general sale-notice hearing in ch. 33. Court route uses whatever notice court directs; interested party may seek restraint of a non-will-authorized sale (§§ 3353, 3355) |
Public or private sale; court route fixes terms/security. No statutory appraisal floor or overbid formula; later higher offer or price inadequacy alone does not undo a binding contract, absent fraud, accident, or mistake (§§ 3351, 3353-3354, 3360) |
No general report or confirmation for statutory/will-power sale. § 3353 order authorizes the transaction; personal representative may convey through an agent but cannot delegate discretion (§ 3319) |
Deed records with county recorder; certified Pennsylvania court proceedings affecting realty may be recorded, but ch. 33 does not universally require letters or order as a companion to every deed (§ 3359) |
With required bond, sale passes decedent's full title free of listed estate claims; buyer need not police proceeds, good-faith title survives later will/letters revocation, and jurisdictionally valid decree resists collateral attack (§§ 3357-3358) |
| Rhode Island verified 2026-08-12 | Two-track model under R.I. Gen. Laws chs. 33-12 and 33-19: a will may confer sale power; otherwise the issuing probate court may license an executor or administrator to sell identified estate realty (§§ 33-12-6 to -8; 33-19-3) |
When personalty is insufficient, required realty or an interest is sold for debts and listed charges; undevised land is used before devised land absent contrary will intent. Court may also permit sale for prompt settlement; specifically devised land needs devisee's written consent (§§ 33-12-4 to -6) |
Will may confer sale/private-sale power; successor temporary executor or administrator c.t.a. generally inherits office-based power. Specifically devised property still needs specific devisee's written consent (§§ 33-12-6 to -8) |
Court route requires petition to the probate court that issued letters, describing the property and stating supporting facts. Court may authorize whole parcel when partial sale would greatly injure residue and may impose added conditions (§§ 33-19-3, -4, -14) |
Court gives notice to all known interested parties on petition for leave to sell. Default advertisement is weekly for at least 2 weeks, first at least 14 days before hearing; written assent by all entitled parties dispenses with notice (§§ 33-22-7, -11, -15) |
Court may authorize public auction or private contract, for cash or credit; private price cannot be below decree amount. Auction notice runs 4 successive weeks plus decree-directed notice; sale license lasts 1 year (§§ 33-19-3, -6, -9, -10) |
No separate universal confirmation provision in ch. 33-19. Auction seller files notice affidavit within 10 days; representative executes deed under sale authority, and court later reviews compliance when settling accounts (§§ 33-19-12, -15, -25) |
Signed, acknowledged, delivered deed records in city/town land-evidence records where land lies (§ 34-11-1). Surveyed statewide provisions state no universal decree, letters, or notice-affidavit companion-recording condition |
Deed gives as good title as decedent could convey. Good-faith buyer protected from procedural irregularities if competent-court decree, required bond, lawful auction notice, and decree-compliant public/private sale conditions are met (§§ 33-19-15, -21) |
| South Carolina verified 2026-08-12 | S.C. Code §§ 62-3-711, -910(B), -911, and -1301 to -1312 create a will-authorized deed route and court-directed partition or probate-sale routes; a general owner-like power does not itself permit an ordinary no-order land sale |
Realty devolves to heirs/devisees subject to administration and representative powers (§ 62-3-101). Representative may take possession when needed (§ 62-3-709); sale power reaches estate land in South Carolina or another state, but § 62-3-711(b) restricts the method |
Will must devise the land to the representative or authorize its sale for a no-court-sale deed (§ 62-3-711(c)); otherwise use § 62-3-911 partition or Part 13 court sale. Successor cannot exercise a power made personal to named executor; co-representatives generally all concur (§§ 62-3-716 to -717) |
Interested person may petition any time after representative qualifies (§ 62-3-1303). After pleadings, court holds merits hearing and must find the realty should be sold; then it may order representative's private sale on imposed terms or conduct published public sale (§ 62-3-1309) |
Summons and petition served civil-action style on representative, affected heirs/devisees, unresolved claimants, and other required persons; minors receive guardians ad litem (§§ 62-3-1303 to -1305). Written consent allowed; nonresident/unknown parties may receive publication. Hearing notice ordinarily at least 20 days (§ 62-1-401) |
Will-authorized sale may be public/private, cash/credit, with or without security (§ 62-3-715(6), (21)). Court may set private-sale terms or conduct a public sale after 3 weeks' county-newspaper notice (§ 62-3-1309). Partition buyout has court-approved appraisal and 45-day payment route (§ 62-3-911) |
No separate statutory confirmation follows a § 62-3-711(c) will-authorized deed. Partition court directs representative to execute title instruments after payment (§ 62-3-911). Part 13 requires court-sale papers and a final account of proceeds, but states no separate sale-report/confirmation step (§ 62-3-1311) |
Record deed with register of deeds or clerk of court where land lies (§§ 30-5-90, 30-7-10), after two-witness execution and proof/acknowledgment (§§ 27-7-10, 30-5-30), with derivation clause and grantee address unless statutory exception (§ 30-5-35). No universal statute requires letters or sale order to accompany every deed |
Good-faith value dealer gets general no-inquiry protection (§ 62-3-714). Under qualifying will-authorized deed, value purchaser takes free of heirs', devisees', and other estate-interest rights even if sale was improper; estate parties retain recourse against representative (§ 62-3-910(B)). Recording governs later value-purchaser/creditor priority (§ 30-7-10) |
| South Dakota verified 2026-08-12 | South Dakota UPC general-powers model: ordinary PR sale uses owner-like title and transaction powers without notice/hearing/order, subject to Code, will, formal-order, supervision, fiduciary, conflict, and corepresentative limits (SDCL §§ 29A-3-704, -711 to -715) |
PR takes possession/control when administration requires; realty may remain with presumptive successor until then (§ 29A-3-709). Sale power reaches estate land in South Dakota or another state and any estate real-property interest (§ 29A-3-715(a)(6), (23)) |
No will power required; appointment supplies owner-like title power exercisable without notice, hearing, or court order (§§ 29A-3-704, -711). Will and formal orders may restrict transactions (§ 29A-3-715) |
No ordinary arm's-length sale petition/findings. Supervised PR retains powers unless court restricts them; endorsed restrictions bind good-faith dealers. Conflict transaction may use court approval after interested-person notice (§§ 29A-3-504, -713) |
No universal sale notice. If fair market value is not readily ascertainable, PR gives sale details at least 14 days before closing to persons who filed demand for notice (§ 29A-3-715(b)); conflict approval requires notice (§ 29A-3-713) |
Public/private sale of in-state or out-of-state land for cash/credit; realty may sell for cash, credit, or both, with/without security (§ 29A-3-715). Inventory states date-of-death fair market value; no statutory sale-price percentage (§ 29A-3-706) |
No universal report or confirmation. PR may execute deed completing decedent's enforceable land contract and sell under general powers (§ 29A-3-715). Corepresentative majority generally required unless will/statutory exception applies (§ 29A-3-717) |
Recordable deed goes to county register of deeds where land lies; recording gives constructive notice and first-recorded good-faith priority (§§ 43-28-1, -15, -17). Surveyed statutes state no universal letters or court-order companion-recording condition |
Good-faith value buyer protected as if PR properly authorized; no inquiry or application-of-assets duty, extending to procedural irregularity/jurisdictional defect. Actual knowledge and endorsed supervised restrictions remain material (§§ 29A-3-504, -714) |
| Tennessee verified 2026-08-12 | Tenn. Code § 31-2-103 separates immediate heir/devisee title from estate administration; Title 30, Chapter 2, Part 4 governs judicial sale of decedent realty to pay debts. A will-authorized executor and a representative without will authority follow different tracks (§§ 30-2-402, -403, -418) |
Intestate realty vests immediately in heirs; testate realty vests in will beneficiaries unless the will directs administration under representative control (§ 31-2-103). If personalty cannot discharge estate obligations, the representative may use realty through Part 4; the court sells only so much as necessary and may select the portion least injurious to heirs (§§ 30-2-402 to -403) |
Part 4 repeatedly distinguishes an executor authorized by will to sell from an executor lacking that authority and an administrator (§§ 30-2-403, -418). The surveyed statutes do not give every administrator an independent default sale power. The will's actual terms control the executor route; otherwise use a court order or obtain the titled heirs/devisees' own conveyance |
If available personalty appears insufficient, the representative or filed claimant may petition the administration court (§ 30-2-402). The court must find personalty insufficient and that land ought to be sold, or under § 30-2-418 rely on the clerk's confirmed report of insufficiency for debts, expenses, and taxes. It may ratify a private-sale contract and orders only the needed land |
The surviving spouse, heirs, devisees, encumbrancers, and other persons interested in the realty are joined under § 30-2-402. Section 30-2-418 requires clerk notice to devisees or heirs, the spouse, and other interested parties and a hearing on advisability and authorization; an order may issue without every party physically before the court |
After notice and consideration of one qualified real-estate appraiser's fair-market-value appraisal, the court may order public or private sale on terms it directs or approves (§ 30-2-418). Section 30-2-402 also permits ratification and completion of a private-sale contract. The surveyed provisions state no universal percentage floor, deposit, or courtroom-overbid formula |
A § 30-2-402 sale is subject to later court confirmation. The court may authorize the representative to complete a ratified private contract; a deed made under the order or a decree divesting and vesting title completes the transfer. Section 30-2-418 similarly places method and terms under court direction or approval |
If all land sold lies outside the administration county, the sale occurs in the land county and the clerk records there a certified confirmation decree or deed (§ 30-2-402(a)). More generally, registration makes the instrument effective against persons without actual notice (§ 66-26-101). The controlling order should be matched to the deed route |
A deed issued under a § 30-2-402 order, whether after public or private sale, and a decree divesting and vesting title transfer all legal and equitable right, title, and interest in the property sold to the purchaser. Recording protects against later persons lacking actual notice (§ 66-26-101); the surveyed provisions do not create a broader universal no-inquiry warranty |
| Texas verified 2026-08-12 | Estates Code ch. 356 governs supervised sales; chs. 401-402 govern independent administration (Tex. Est. Code §§ 356.001-.655, 401.006, 402.001-.054) |
Realty vests immediately in devisees or heirs, but after letters the representative has possession and holds the estate in trust for lawful disposition (Tex. Est. Code §§ 101.001, 101.003) |
Will-authorized executor may sell without an authorizing order and must follow will directions (§ 356.002). Independent executor or administrator has supervised-sale power without court approval unless will limits it; distributees may support an appointment-order power (§§ 401.006, 402.052) |
Dependent default: written application with property description, verified estate-condition exhibit, and necessity/advisability facts; court orders sale if necessary or advisable and sets method and terms (§§ 356.251-.256) |
Dependent application citation is posted and advises interested persons of written-opposition rights; hearing required if opposed and optional otherwise. Public auction requires published notice; private sale ordinarily needs no additional sale notice unless court directs (§§ 356.253-.255, 356.401, 356.451) |
Court may choose public auction or private sale, cash, part credit, or debt-assumption terms; credit requires at least one-fifth cash, at least 4% interest, vendor's lien, and deed-of-trust or mortgage security. No general appraisal percentage appears (§§ 356.256, 356.301-.302) |
Dependent sale: sworn report within 30 days; after five days court reviews method, bond, fair price, legality, and approves or rejects, then representative executes deed after buyer performs. Independent sale omits court approval and supervised procedure (§§ 356.551-.558, 402.052) |
Dependent deed identifies approval order; statute expressly requires recording credit-sale deed of trust or mortgage, not the approval order. Independent purchaser-protection affidavit, if used, is sworn and recorded in county deed records (§§ 356.557-.558, 402.053) |
Dependent deed vests all estate right, title, and interest and is prima facie evidence of compliance. Good-faith non-heir purchaser from independent representative has no inquiry duty with will power, appointment-order power, or recorded necessity affidavit; affidavit conclusively proves authority between buyer, representative, heirs, and distributees (§§ 356.557, 402.053) |
| Utah verified 2026-08-12 | Utah UPC general-powers model; ordinary administration proceeds without court order, subject to supervised or express restrictions (Utah Code §§ 75-3-704, -710, -714) |
Representative may take possession or control when needed for administration; otherwise realty may remain with the presumptive successor (§ 75-3-708) |
No will power required: statutory title power may be exercised without notice, hearing, or order unless the title, will, or an effective order restricts it (§§ 75-3-710, -714) |
No ordinary sale petition or findings. Representative may seek court resolution; supervised representative keeps full powers without interim orders unless restricted (§§ 75-3-704, 75-3-504) |
No ordinary sale notice or hearing. A conflict transaction is voidable unless authorized by will/contract, consented to after disclosure, or court-approved after notice (§ 75-3-712) |
Public or private sale, in or outside Utah, for cash or credit; realty may be sold for cash, credit, or both, with or without security. No sale-specific appraisal floor (§ 75-3-714(6), (23)) |
No statutory sale report or confirmation; representative may execute a deed to perform the decedent's land contract and otherwise dispose of estate land (§ 75-3-714(3), (6), (23)) |
Record an acknowledged deed with required legal description and grantee address in the property county; no probate-specific order or letters attachment stated (§§ 57-3-101, -105) |
Good-faith value buyer protected as if power were properly exercised; generally no duty to inquire, and limits bind without actual knowledge only if endorsed on supervised letters (§§ 75-3-713, 75-3-504) |
| Vermont verified 2026-08-12 | 14 V.S.A. ch. 75 court-license model: Probate Division may order necessary/beneficial estate sale and licensed deed conveys authorized realty (§§ 1611, 1651-1652) |
Court may license all/part of realty when necessary or beneficial; beneficial license cannot conflict with will. Separate routes cover debts/legacies elsewhere, legacy, decedent contract, trust property, and encumbered property (§§ 1611, 1651, 1656-1662) |
Express will power does not eliminate license: court issues it without notice/hearing for property subject to power, except occupied dwelling; beneficial license cannot contradict will (§ 1651(10)-(11)) |
Motion states facts showing necessity/benefit; court finds sale necessary/beneficial and license/order includes findings on motion, required consents, hearing route, and any new bond (§ 1651(1)-(8)) |
File written consents when required; missing required consent triggers hearing and Probate Rules notice. Interested person may prevent license by bond paying debts/expenses; will-power route usually skips notice/hearing except occupied dwelling (§§ 1614, 1651) |
Court authorizes public or private sale; auction order states notice method. Statute states no universal appraisal, minimum-price percentage, credit term, or overbid formula (§ 1651(6)-(7)) |
No separate confirmation stated. Fiduciary must be sworn before sale; licensed deed conveys authorized realty. Court may order report within 60 days after sale (§§ 1651(5), (9), 1652) |
Certified license/order must be recorded where deed records; deed is signed, acknowledged, and recorded with town clerk where land lies (§ 1651(8); 27 V.S.A. §§ 301, 341) |
§ 1652 validates deed of fiduciary holding certified license/order to convey authorized realty. No general no-inquiry or good-faith defect shield stated; deed effectiveness against others depends on acknowledgment/recording (27 V.S.A. § 342) |
| Virginia verified 2026-08-12 | Va. Code §§ 64.2-105 to -106 and 64.2-521 to -523 create separate will-incorporated, court-granted, will-directed, and decedent-contract routes. Virginia has no surveyed general default power allowing every qualified representative to sell every parcel. Realty needed for debts follows the judicial-administration provisions in §§ 64.2-532 to -535 |
A will-directed power reaches real estate devised to be sold (§ 64.2-521); an incorporated or court-granted § 64.2-105 power reaches estate real or mixed property; and § 64.2-523 reaches any real-property interest covered by the decedent's binding written sale contract, option, or agreement. If personalty is insufficient, all decedent realty becomes an asset for debts and lawful estate demands (§ 64.2-532) |
A will may incorporate § 64.2-105 powers by reference, supplying public/private sale, cash/deferred-payment, deed, covenant, and warranty authority. Section 64.2-521 separately lets the executor sell realty devised to be sold; unless the will clearly says otherwise, an administrator c.t.a. succeeds to that power if no executor remains. Surviving executors ordinarily continue discretionary will powers (§ 64.2-517) |
A representative may move in the qualifying circuit court for all or part of the § 64.2-105 powers (§ 64.2-106). The motion may be ex parte; the court may consider nomination, beneficiaries, relationships, estate character including realty, capacity and bond, impose conditions, or refuse a grant inconsistent with the will. Debt administration of realty is also judicial under §§ 64.2-532 to -535 |
No sale-specific notice or hearing is stated for an authorized § 64.2-105 or § 64.2-521 sale or a § 64.2-523 contract-completion deed. On a § 64.2-106 motion, notice and convening interested parties are discretionary with the court; a creditor-route judicial sale follows the notice and party procedure set by that action and decree |
An incorporated or court-granted § 64.2-105 power permits public or private sale, cash, deferred payments, or other consideration on terms the fiduciary considers advisable. Sections 64.2-521 and -523 state no universal appraisal, percentage floor, deposit, advertising, auction, or overbid formula; § 64.2-523 requires the purchaser's full compliance with the decedent's contract |
The surveyed will-power and contract provisions state no universal report or confirmation. The representative executes and delivers the deed under § 64.2-105 or -523; § 64.2-523 makes the transfer as effective as the decedent's deed. A § 64.2-106 order may add conditions. A debt-route judicial-sale deed is made under the court decree, not by treating ordinary letters as a sale power |
Record the acknowledged representative-capacity deed with the circuit-court clerk for the county or city where the land lies (§§ 55.1-407, 55.1-600). For a § 64.2-523 deed, attach the decedent's contract, option, or agreement; the clerk must record it in the deed book. The surveyed domestic will-power statutes do not universally require letters, the will, or a sale order to accompany every deed |
Under an incorporated § 64.2-105 power, the buyer need not see to application of consideration. A § 64.2-523 deed has the same effect as the decedent's transfer. A good-faith person presented a currently effective qualification certificate may presume authority, subject to actual-knowledge, legal-invalidity, good-faith authority, and exploitation exceptions (§ 64.2-520.2); that presumption does not create sale power or erase recorded interests. Recording supplies notice priority (§ 55.1-407) |
| Washington verified 2026-08-12 | Chapter 11.56 RCW governs court-supervised estate sales; Chapter 11.68 supplies a separate nonintervention track; RCW 11.56.250 creates the will-power exception. Qualification alone does not remove the Chapter 11.56 order requirement (§ 11.56.010) |
Heirs or devisees take immediate title subject to debts, family allowance, administration expenses, and other charges, and subject to the representative and lawful claimants under the representative (§ 11.04.250). Once qualified, the representative has immediate possession of estate realty until settlement or court-ordered delivery (§ 11.48.020) |
A will direction or sale power lets the executor sell estate property without court order, notice, application, or confirmation (§ 11.56.250). A representative granted nonintervention powers may sell and convey without court order, notice, approval, or confirmation (§ 11.68.090), subject to will restrictions, good faith, estate solvency at the grant, and statutory eligibility limits |
Supervised route: the representative ordinarily petitions with estate-property, character, debt, expense, obligation, and necessity information; the court may order a sale for debts, administration expenses, estate taxes, family support, distribution, or another proper purpose (§ 11.56.030). The order describes the property and fixes public, private, or negotiated method and terms (§ 11.56.050) |
The sale-petition hearing needs no general notice unless the court orders it, but special-notice and certain representative-purchase rules remain (§ 11.56.030). Public sale requires three weekly publications; private sale generally requires two weekly publications and at least 15 days before sale (§§ 11.56.060, .080). Negotiated sales require one publication before confirmation (§ 11.56.100). Nonintervention-grant notice is generally mailed or served at least 10 days before hearing unless an exception, waiver, or consent applies (§ 11.68.041) |
The supervised order selects public, private, or negotiated sale and its terms (§ 11.56.050). Private or negotiated sale needs at least 90% of an appraisal made within the preceding year (§ 11.56.090). Before confirmation, a competing bid generally must be at least 10% higher with a 20% deposit; the first bidder then has five nonholiday days to improve (§ 11.56.110). Nonintervention and will-power sales do not follow Chapter 11.56 unless authority is restricted |
Supervised sale: file a verified return within 10 days, wait the applicable 10-day period, obtain confirmation, then execute and deliver the court-directed conveyance (§§ 11.56.100, .120). The court may reject an unfair or disproportionate sale. Will-power and nonintervention routes require no sale confirmation under §§ 11.56.250 and 11.68.090 |
An acknowledged conveyance may be recorded with the county recording officer where the property lies; first recording controls against a later good-faith value purchaser from the same source (§ 65.08.070). The surveyed probate-sale provisions do not universally require recording letters, the will, a nonintervention order, or the confirmation order with the deed |
After supervised confirmation, regularity is conclusive and the deed is attackable only for fraud; the deed conveys the decedent's death-time interests plus estate-acquired interests (§§ 11.56.115-.120). A party transacting with a nonintervention representative receives a conclusive presumption that the transaction was necessary for administration (§ 11.68.140). These rules do not erase fraud, recorded interests, or limits actually imposed by the will or court |
| West Virginia verified 2026-08-12 | W. Va. Code ch. 44, art. 8 and ch. 55, art. 12: will-authorized executor/administrator-c.t.a. conveyance; otherwise equity suit and judicial sale for debts when personal estate is insufficient |
Will route reaches realty devised to be sold and nonspecifically devised realty covered by the will’s executor sale power (§ 44-8-1). Debt route reaches decedent realty made an asset for lawful estate demands when personal estate is insufficient (§§ 44-8-3, 44-8-7) |
Executor must qualify first (§ 44-1-1). Executor may use the will direction/power stated in § 44-8-1; administrator c.t.a. succeeds when no executor qualifies or the named/qualified executor cannot complete the role in the circumstances stated there. No comparable default independent land-sale power |
If personal estate is insufficient for debts, executor/administrator may bring equity suit; spouse, heirs, devisees, and known creditors are defendants. After 6 months from qualification, a creditor may sue if the representative has not (§ 44-8-7). Court has general equity jurisdiction over decedent’s realty (§ 44-8-7a) |
Debt suit joins statutory defendants and uses Class II creditor-claim publication. A decreed real-estate sale worth ≥$500 must receive county Class III advertisement stating time, terms, place, and property description; court may advertise lower-value land too (§§ 44-8-7 to -8, 55-12-2, 59-3-2) |
Court may order cash or credit on terms it deems best and appoint a bonded special commissioner/receiver; sheriff acts if none is appointed (§§ 55-12-1, 55-12-5). Statutes state no universal sale-price percentage or sale-specific appraisal floor; estate realty is separately appraised at date-of-death fair market value (§ 44-1-14) |
Will route states no universal confirmation/report step. Judicial-sale title protection requires a confirmed sale; court may appoint a commissioner to execute the deed, and the commissioner/receiver files a written proceeds-application report after final payment under the sale or confirmation decree (§§ 55-12-4, 55-12-7 to -8) |
Record the deed in the county where the property lies; acknowledgment or 2-witness proof admits it to record, and taxable transfers require the declaration and verified sales-listing form (§§ 39-1-2, 11-22-6, 40-1-9). Surveyed statutes state no universal companion-recording rule for letters or the sale/confirmation order |
At a judicial sale, proper bond certification relieves the purchaser of liability for purchase money paid to the commissioner/receiver; after confirmation, later reversal or setting aside of the decree does not affect purchaser title (§§ 55-12-3, 55-12-8). No comparable general no-inquiry shield stated for a § 44-8-1 will-power sale |
| Wisconsin verified 2026-08-12 | Wis. Stat. chs. 857 and 860 use one statutory-power model: unrevoked letters permit sale without transaction-specific court procedure (§ 860.01), subject to fiduciary duties under § 860.11 and special contract/self-interest rules (§§ 860.09, 860.13) |
When letters issue, representative succeeds to the decedent's interest in all property (§ 857.01) and must collect, inventory, possess, manage, and administer the estate (§ 857.03). Any estate property may be sold, mortgaged, or leased under § 860.01 |
No express will power is needed. Issued, unrevoked letters supply authority to sell without notice, hearing, or court order (§ 860.01). Will restrictions do not affect purchaser title but can make the representative's conduct a breach (§ 860.11) |
Court order is required when will restrictions or a specific bequest prevent payment of allowances, administration expenses, and claims; after petition and hearing, court orders appropriate terms (§ 860.11(4)). A self-interested acquisition generally needs written consents, specific will authority, or noticed court approval (§ 860.13) |
Ordinary arm's-length sale under § 860.01 has no notice, hearing, or sale-objection procedure. The will-restriction and self-interest exceptions use petition and hearing with § 879.03 notice to all interested persons; § 860.11(4) also requires notice to all estate creditors |
Chapter 860 states no universal public/private method, appraisal, percentage price floor, deposit, credit, advertising, or overbid formula for an ordinary § 860.01 sale. A court order under § 860.11(4) supplies the appropriate terms and conditions |
No universal report or confirmation follows an ordinary § 860.01 sale. The representative executes the conveyance under unrevoked letters; ordinary land-conveyance law requires the grantor signature, land/interest/material terms, and delivery (§ 706.02) |
Record with the register of deeds in each county where the land lies; the deed needs required signatures, authentication, and record-index identification (§ 706.05). Chapter 860 does not mandate recording a separate sale order, will, or letters with every arm's-length deed |
Purchaser rights/title are unaffected by will provisions or administration procedural irregularity or jurisdictional defect (§ 860.01). Sale passes subject to secured interests but free of rights based only on filed/allowed estate claims (§ 860.05). Unrecorded deed loses to a later good-faith value purchaser who records first (§ 706.08) |
| Wyoming verified 2026-08-12 | Wyo. Stat. §§ 2-7-609 and 2-7-612 to -626 create will-power exception plus court-supervised petition/order/sale/report/confirmation route |
Any estate realty except exempt personal property/homestead may sell for debts/charges, distribution, or estate's best interests; court-directed homestead sale allowed if not set off, with proceeds preserving spouse/issue rights (§ 2-7-612) |
Will power to sell/mortgage/lease/pledge/exchange removes statutory requirements; otherwise court route applies (§ 2-7-609) |
Petition states reasons and property, may seek alternatives/unit sale; after satisfactory proof court orders authority, price, terms, sequence, method, appraisal, and possible added bond (§§ 2-7-614, -615, -621) |
Court fixes hearing; PR gives § 2-7-205 notice. Interested person may prevent sale by bond. Private sale without appraisal or below appraisal may trigger confirmation hearing, notice, and written objections (§§ 2-7-615, -619, -624) |
Court chooses private/public, place, terms, sequence; may appraise. Auction requires § 2-7-202 notice. Credit over 12 months requires noticed hearing; lienholder may credit-bid (§§ 2-7-617 to -622) |
After realty sale PR files verified report; court confirms only if price/terms advantageous and sale lawful, then orders deed delivery. Court may reject sale; private-sale report may join petition (§§ 2-7-624 to -625) |
PR files certified confirmation order with deed in county clerk office of each county where land lies (§ 2-7-626) |
Proceeding immune from collateral attack for nonjurisdictional irregularity; bond-breach property remains liable unless in innocent purchaser's hands (§§ 2-7-619 to -620). No broader no-inquiry warranty stated |
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