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Protecting Your Legacy

Probate sometimes requires selling real estate

by | May 20, 2019 | Probate & Estate Administration |

Handling any type of real estate issues can be a struggle. When the property does not even directly belong to a person, that individual can have even more difficulties. Some Texas residents may wonder why a person who does not own the property would have to handle its problems, but executors could find themselves in this position during probate.

Estate executors have the duty of selling real estate if the action applies to their particular estate. An executor could determine whether he or she needs to complete such a transaction by reviewing the decedent’s will. That person may have indicated that property should be sold and proceeds split among heirs or left some other similar instruction. As a result, the executor has the obligation to see the sale through.

Of course, before the home could be sold, it may need maintenance or repairs, and the executor will need to oversee those responsibilities as well. This means that expenses relating to maintenance and repairs will need to be handled, but in most cases, executors can use estate funds for such upkeep. If properties are left to become an eyesore, the estate could incur fees from homeowners associations or other applicable entities.

If Texas executors have concerns about handling real estate during probate, they may want to remember that they do not have to act alone. Legal professionals can help them understand what actions are needed to properly handle assets and when estate funds could be used for certain expenses. Individuals may be able to gain reliable information from their legal counsel regarding this specific topic.