Hagerstown, MD asked in Estate Planning for Maryland

Q: If I am personal representative for a small estate in Maryland, do I need court approval to sell house?

The only asset is the home and the heirs all want to sell home.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Unless the house will sell for less than $50,000, then it is NOT a small estate, but a LARGE estate. The PR does not need court approval to sell real estate. The PR needs to have ben appointed by the court to act as PR, which occurs when the court issues Letters of Administration naming you as PR. You are then able to list and sell the real property, and then deposit the net proceeds into an estate account you open at a bank. You will need to obtain an EIN from the IRS and file any outstanding tax returns for the decedent as well as for the estate. Probate fees, costs, funeral reimbirsement and other administratve costs are paid out of the estate account, or reimbursed to those who paid those expenses.

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