Can the executor of an estate sell a house without the consent of all the heirs?

If it was to go to each of you, then she must follow the terms of the will. So, she does not have the right to sell the house. It is bad form for her to do anything without your consent and knowledge. However, as executrix she has the final say on what to do but she better be right on these decisions. You may want to retain estate counsel to represent you to let her know that you will not be pushed around and that you need to be kept abreast of all events concerning the estate. Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties. His phone number is 215-735-2336 or his email address is listed below. Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

If your sister is the executor, and the will grants her the power to dispose of assets without court approval, then she can sell the house without your consent. In such a situation, she could do so without even giving notice to you that she is doing so. She is, however, accountable to you for selling it for a fair price.

It depends on the language contained in the will. For example, if the will states that the proceeds of the house are to be given equally to each heir named, or whether the actual property is given. In either case, you should be entitled to your portion of the property. If the property was to be given directly to each of you then you should have been present and consented to the sale to a third party, and you may have a cause of action to have the sale set aside. Please feel free to contact me for more specific information. This answer is offered for informational purposes only. It is not offered as, and does not constitute legal advice or create an attorney client relationship.