Who has authority to sell a property after the owner dies?
It depends on how the property was owned. If it was in a living trust, the trustee typically has authority. If it went through probate, the court-appointed personal representative signs. If ownership passed directly to heirs, all co-owners usually need to agree. An estate attorney confirms which situation applies to you.
Trust-owned property
When a home is held in a revocable living trust, the named trustee usually holds the authority to manage and sell the property according to the trust document. There may be no probate needed at all. The trust document and the attorney who prepared it are the best sources for confirming how this works.
Probate estates
When property was owned in the deceased person's name alone, it generally goes through probate. The court appoints a personal representative, sometimes called an executor or administrator, and that person is the one authorized to sell. The sale may be subject to court oversight depending on the estate.
Joint ownership and multiple heirs
If the property passed to heirs by operation of law, such as through joint tenancy or as part of an estate distribution, everyone who holds an ownership interest typically needs to be part of the decision to sell. Getting agreement early avoids delays.
Why this matters before listing
A buyer's title company will verify that every person with authority has signed. Confirming authority before marketing the property prevents a listing from stalling after an offer arrives. This is one area where it pays to consult an estate or probate attorney first.
When to consult a professional
Authority to sell is a legal question that depends on the specific ownership and estate documents. Confirm it with an estate or probate attorney before listing.
A real conversation can answer more.
Describe how the property is titled and who is involved, and Lisa will help you understand what needs to be confirmed before a sale can move forward.