Baltimore, MD asked in Probate for Maryland

Q: Can PR of my mother's estate, list her home for sale, while the estate is in probate? When is legal/allowable to do so?

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1 Lawyer Answer
Paul E. Draper
Paul E. Draper
  • Probate Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: One of the primary duties of the personal representative is to marshal the decedent's assets. As part of this duty to marshal assets, Maryland law explicitly authorizes the personal representative the right to sale the decedent's assets including real property. After an estate is opened, the personal representative can moved forward with selling the decedent's assets at any time. There are limitations on this right, but are restricted to particular situations in which the real property is being rented or if the property was and continues to be occupied by heirs or legatees of the you mother's estate. In these exceptions do not apply, then the personal representative is proceeding correctly with the sale of the real property.

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