Petition to Sell Real Property

If a person dies without a will, the Personal Representative of his or her estate must petition the Probate Court to obtain approval to sell any real property in the decedent’s estate. This process generally involves having an appraisal completed of the property to be sold, as well as preparing and filing a Summons, Petition, and Lis Pendens with the court. If the court approves the Petition, the Personal Representative will be authorized to sell the real property at issue out of the decedent’s estate. If the real property to be sold is already under contract, the Petition will ask the Probate Court to approve the contract for sale so that the Personal Representative may sell the real property at issue under the terms and conditions of the contract. Our attorneys have extensive knowledge and experience in handling these matters.