Q: My Grandpa's will states that he left me his house, can the executor take the house and sell it to pay his debts?
Can the house be taken and sold?
A: Yes, the assets of the estate can be sold by the executor with the approval of the probate court to pay valid claims and debts of the estate. In some cases, the debts exceed the assets, and the heirs and beneficiaries get nothing. With proper estate planning, a person can ensure that a house goes to heirs, and is not sold to pay debts. But without proper planning before a person dies, a house might have to be sold. You can review the inventory of estate assets and debts and other documents filed with the court, on the court web site. Or use the Find a Lawyer tab to retain a local probate attorney to review the documents and advise you.
A: The short answer is yes. If there are not other assets in the estate that are sufficient to pay all the debts the house will need to be sold to pay the bills.
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