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What is the process to sell a property that has an ongoing legal case?

The deceased owner's estate, not the heirs, has the legal authority to sell the property during probate proceedings.

The executor or administrator of the estate must obtain court approval before listing and selling the property, even if all heirs agree.

The sale proceeds will go into the estate's account, not directly to the heirs, and must be used to pay off debts and taxes before any distributions.

Heirs cannot force the sale of the property during probate unless they petition the court and convince the judge it's in the best interest of the estate.

If the property is held in a living trust, it can often be sold without going through probate, as the trust owns the asset, not the deceased.

Jointly owned property may require a court-ordered partition action to force the sale if the co-owners cannot agree.

The court-appointed appraiser's valuation usually sets the minimum sale price, and the property cannot be sold for less without further court approval.

Sold "as-is" during probate, the estate is not required to make any repairs or updates to the property prior to sale.

Probate sales are considered "distressed" sales, potentially fetching lower prices than a traditional real estate transaction.

Outstanding mortgages, liens, or other encumbrances on the property will transfer to the new owner after the sale.

Probate sales often have a longer timeline, up to 6-12 months, compared to regular real estate transactions.

Heirs may have the right to buy out other heirs' shares in the property rather than force a sale.

The executor must provide notice to all heirs and creditors before the sale can be approved by the court.

Title insurance is typically required for the new buyer to transfer clear ownership after a probate sale.

Taxes owed by the deceased, including capital gains, must be paid before the sale proceeds can be distributed.

Probate sales are exempt from certain consumer protection laws that apply to regular real estate transactions.

The court can order the property to be listed with a licensed real estate agent to ensure a fair market price.

Heirs may object to the sale price or terms, which could delay or derail the transaction if the court agrees.

The executor has a fiduciary duty to maximize the value of the estate's assets, including the property.

Probate laws and procedures can vary significantly by state, so the process may differ depending on local jurisdiction.

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