Who has the authority to sell a house in probate?
By Sam Yusufi, Certified Probate & Trust SpecialistUpdated
Only the Personal Representative the court appoints: the executor if there's a will, or the administrator if there isn't. They can't sell until the court issues Letters, and the Letters say whether they have full or limited authority. Being the closest relative doesn't give someone authority on its own.
Executor or administrator
The court appoints a Personal Representative to handle the estate. If there's a will, it's usually the executor named in it. If there isn't one, it's usually a close family member, called the administrator.
Nothing happens until Letters are issued
Once appointed, the Personal Representative receives a court document called Letters: Letters Testamentary if there's a will, Letters of Administration if there isn't. Nobody has the authority to sell the house until Letters are issued.
The Letters also say how much authority the Personal Representative has: full or limited. That one detail shapes the whole sale.
Being next of kin isn't the same as having authority. A spouse, child, or sibling may feel responsible for the house, but only the Personal Representative can sign a listing, approve work, or accept an offer.