Can an executor sell a property w/o consent of all beneficiaries listed as "tenants in common"

Question

4 tenants in common listed; one of those is the executor; Executor is given full power to sell, manage and dispose of any and all of the estate in the probated will.  Two of the beneficiaries have signed and notarized a purchase agreement for the property.  The other two beneficiaries are not included in the purchase agreement, but are listed as tenants in common in the will.  Is the purchase agreement void b/c not all of beneficiaries have been included?

Isaac Shutt · Answer

Your suspicion is in fact correct; the purchase agreement needs all of the property owners to sign.  Without that, the contract is only binding on the 2 people who did sign.  So, if the 2 non-signing people decline to approve the sale, that could put the 2 signing people in breach of contract.

Nina Whitehurst · Answer

Your facts are unclear.  If the tenants in common all acquired their interests via the will then most likely, yes, the executor can sell without their consent.   If there are tenants in common who acquired their interests BEFORE the decedent died, then the executor can only sell the decedent's percentage or fractional interest not anybody else's  interest.

Tammy L. Wincott · Answer

I'm unclear on the facts as to whether or not the interest was acquired before the will or it is a term in the will where all 4 are left an ownership provision.  Typically, an Executor has authority to sell in order to settle any valid debts of the estate and then distributes the remaining assets; this may include selling a house.  You would need to review the terms of the will. 
 
If the interest was acquired before the will then all need to agree on the sale.

Q: Can an executor sell a property w/o consent of all beneficiaries listed as "tenants in common"