Posted by John Merchant on April 28, 2007 at 12:02:42:
Depends a lot on whether the Ex’r is “independent” meaning he was so named in the Last Will being probated…or not.
I know some states’ probate systems and laws so allow, but maybe not all states and you’d have to read the Will being probated to see if your Ex’r is or is not.
If he is Ind. Ex’r he doesn’t need court permission to sell or convey whatever he wants.
If he’s not, he would need to Motion the probate court to sell or convey any assets, and the beneficiaries might well decide to oppose such a move.
Even if the bens. didn’t oppose it, the Judge could on his own, decide he does or does not like that idea so could quash it.
The probate judge is going to do whatever’s best for all beneficiaries if the Ex’r is not Ind.Ex’r.