Upon petition, an administrator will be appointed by the Probate Court. The administrator's duties are very similar and in many cases identical to the duties and responsibilities of an executor. For example, if the deceased was the sole owner of the property at the time of his death and he had a Will containing no power of sale, the executor must file a tax return, obtain a release from the estate tax lien, and obtain a license to sell from the Probate Court. Without fulfilling each of these requirements, the executor may not have the ability to sell the estate property. See the above chart pertaining to the pre-requisites to selling estate property.
Probate law is extremely complex.
Consult legal counsel to ensure that all probate requirements are complied with. A deed from an executor or administrator under a license to sell also conveys title free of all creditor's claims. The publishing of this material does not constitute the practice of law nor does it attempt to provide legal advice concerning any specific factual situation.