Q: 4 of 5 heirs agree to sell co-owned property per a will. Can executor sell independently & distribute funds per will?
There is a will. Property owned outright (no mortgage). 2 offers to purchase on the table. 1 heir being uncooperative and has been unresponsive for an extended period of time. Heirs have NOT been put into possession of the property.
A: Depends on how Will reads. If someone was appointed as independent executrix, then, that person can make such decisions for the estate free of court authority. If independent administration was not included in the will, then administration needs to occur, and the formal administration steps need to occur - request authority from court, show a contract is on the table, publish notice, and advise the court if any objection. Any formal, filed objection will need to be set for hearing. You should speak with counsel well versed in the probate process, if you all have not yet started formal probate. If you have counsel, discuss these options with that counselor.
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