Q: If an executor of a will/estate is given power ..Can they sell deceased house?

A: I assume you mean that the will grants the executor the power to sell property without court approval, or incorporates the statutory powers. Without such power, an executor would need to petition the probate court for approval to sell the house. Assuming that the executor has been granted the power to sell real property, the answer depends on what provisions are contained in the will and what property is in the estate. Generally, debts of the decedent and expenses of administration would be paid first from the residue of the estate. If there is a specific provision in the will leaving the house to a particular person or persons, and there are sufficient assets in the residue to pay the debts of decedent and expenses of administration, then generally the executor should distribute the house to the beneficiaries as provided in the will. On the other hand, if the house is part of the residue of the estate, or there are insufficient assets in the residue to pay the debts of the decedent and expenses of administration, then it might be necessary for the executor to sell the house. I recommend that you consult with a qualified probate attorney and provide the attorney with information necessary to provide an answer based on the facts related to this estate.

The above information is general information and not intended to provide legal advice about this particular matter. No attorney client relationship exists between the person asking the question and the attorney providing information.

A: An executor can do exactly what a will says he can do. If the will does not mention the beneficiary having a say-so in the sale of a piece of property, then he does not need to tell the beneficiary about the sale.