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Do both heirs need to sign to sell a home with an administrator?

Do both heirs need to sign to sell a home with an administrator?

Q: Do all heirs have to agree to sell inherited property?

Not all heirs need to agree to sell inherited property if an administrator is appointed. The administrator can sell the property if they have the necessary court approval. However, if there is no administrator or court order, all heirs generally must agree to the sale. Legal advice may be beneficial in these situations.

Q: What happens if two people inherit a house and one wants to sell?

If two people inherit a house and one wants to sell, they generally need the consent of the other heir unless an administrator is involved with court approval. If the other heir does not agree, the selling heir may need to pursue legal options, such as partition, to resolve the disagreement.

Full question:

If 2 people are heired a home and one is administrator do both parties have to sign in order to sell the home?

Category: Wills and Estates
Date: 04/07/2025
State: Texas

Answer:

Whether both heirs need to sign to sell the home depends on the administrator's authority. If the administrator has a court order allowing them to sell the property, they can do so without the heirs' consent. If there is no will, the administrator may sell the property only if authorized by a court order. In this case, the heirs cannot sell the property without a court order since an administrator is involved.

According to the Estates Code (Sec. 351.051), a personal representative can act on behalf of the estate with court approval to manage property, including selling it. Therefore, if the administrator has the necessary court order, they can proceed with the sale without needing both parties' signatures.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to avoid paying capital gains tax on inherited property?

To avoid paying capital gains tax on inherited property, consider using the stepped-up basis rule. When you inherit property, its value is adjusted to its fair market value at the time of the original owner's death. If you sell the property for this value or less, you typically won't owe capital gains tax. However, consult a tax professional for specific strategies and to ensure compliance with current tax laws.

Do all heirs have to agree to sell inherited property?

What happens when one sibling is living in an inherited property and refuses to sell?

If one sibling is living in an inherited property and refuses to sell, the other sibling may need to seek legal action to resolve the situation. This could involve filing for partition, which is a legal process to divide the property or force a sale. The specifics can vary based on state laws, so consulting an attorney is advisable.

What happens if two people inherit a house and one wants to sell?

What happens when 2 people inherit a house?

When two people inherit a house, they both hold ownership rights. They can decide to keep, sell, or rent the property together. If they cannot agree on what to do, they may need to seek legal advice to explore options like selling the property or partitioning it. State laws can affect their rights, so it's essential to consult an attorney.

How do I sell my half of a jointly owned house?

To sell your half of a jointly owned house, you typically need to notify the co-owner and discuss the sale. If they agree, you can proceed with selling your share. If they do not agree, you may need to file a partition action in court to force the sale or division of the property. Legal advice is recommended to navigate this process.