Short answer
Yes, in most cases. The person running the estate, called the personal representative, usually has to be appointed first, and the Register of Wills issues the paperwork that proves it. A will can give the power to sell, and a court order is another route. Talk to an estate attorney before you sign a contract.
Who has the power to sell
In Pennsylvania, the personal representative is the person with legal authority over the estate. The state's estate code says that person takes possession of the decedent's real and personal property, with one exception: a house that an heir or devisee occupied at death with the decedent's consent. It also says the personal representative may sell real property that was not specifically left to someone in the will, unless the will says otherwise. If the will leaves the house to a named person, that person generally has to join in the sale. In plain terms, probate is the court-supervised process of identifying what a person owned, paying what they owed and passing the rest to the right people. A house is usually the largest item, which is why families focus on it first. Try to resist the urge to rush. Sorting out who has authority before anyone talks price with a buyer protects the estate from disputes later. The steps are manageable once you take them in order, and an estate attorney can tell you how long your county usually takes.
You need to be appointed first
A relative cannot simply list the house because they are next of kin. In Philadelphia, you start at the Register of Wills in City Hall, Room 180. With a will, you petition for probate and a grant of letters testamentary. Bring the original will, an original death certificate, an estimate of the estate's value and a current photo ID. Without a will, you petition for letters of administration instead. Fees depend on the size of the estate. Other counties run their own Register of Wills offices, so call yours before you go.
When the court has to approve the sale
Sometimes the will does not give the power to sell, or the statute does not cover the situation. Sometimes it is simply wise to have the sale carry the weight of a court-ordered sale. In those cases the personal representative can ask the orphans' court division for an order approving the sale. That adds time and legal fees. An estate attorney can tell you whether your estate needs it.
Questions to ask the estate attorney
Bring a short list to your first meeting. Does the will give the executor the power to sell, or does it leave the house to a named person? If a named person is to get the house, do they have to join the sale? Is a court order needed? Who will pay for taxes, insurance and utilities while the house sits? What is the estimate for inheritance tax, and when is it due? The Pennsylvania Department of Revenue says inheritance tax is due at death and becomes delinquent nine months later. Ask also what happens to the contents of the house. Write down the answers so every family member hears the same plan.
Selling for cash instead of listing
Many estates list with an agent and wait for a retail buyer. That can bring a higher price if the house is in good shape. It also means repairs, showings and commission. Kaizen Home Buyers makes cash offers for houses as-is, with no repairs and no agent commission. We can make an offer within 24 hours and close in 14 to 30 days, or on the date you choose. We can talk before letters are issued, but a closing needs the authorized personal representative to sign. Call 267-329-0084.