When a person passes away, there is typically a will stating what to do with the decedent’s property and personal belongings; however, if there is no Will, the property and other personal belongings may have to go into probate court proceedings. This is where a personal representative comes into play.

The Personal Representative

A personal representative is also the executor or the administrator of the will and carries out all requests stated in the will. The executor or personal representative may be able to sell the actual property if the authority is given in the Will, it is sold according to the Will if it’s in the best interests of the parties affected by the estate and/or it is necessary to pay off any debts or expenses.
The personal representative must follow the requests as outlined in the will unless there is a court order that says otherwise. Most of the time, the Will states that the executor will sell the property, and net proceeds will become part of the estate’s residue.

If there is no Will, the personal representative may choose to sell the property if they want to. Most probate properties are sold by a private sale, trust sale, or auction. Listing the home with a real estate agent is the most common way these properties are sold.

Even if there is no will, the personal representative has the responsibility to maximize the amount of inheritance to any errors or beneficiaries. This means that if they sell the property, they will need to sell for the highest price possible and on the best terms.

It’s always important to talk with a probate attorney or probate real estate agent before choosing to sell the property. A certified probate real estate specialist works closely with probate attorneys and is too familiar with the process.

If there is no will and no personal representative named, there needs to be someone who will take on an administrator or executor’s responsibilities. That person is typically a surviving spouse, an adult child of the decedent, sibling, or any legally competent person technically. This also might be a next of kin entitled to inherit the estate under state law.

For more information, please do not hesitate to contact me at any time. I can answer any question you may have about probate estate, real property, and personal representatives.