QUESTION
If there are two personal representatives on a will, can one legally put the house on the market without the second person's signature?
Asked on Mar 19th, 2014 on Estate Planning - California
17 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The will merely nominates the personal representative (just like the political parties nominate candidates), only the probate court can actually appoint the personal representative(s) (like a candidate needs to be elected and sworn into office). If the probate court has appointed two persons as co-personal representatives (or co-executor which is an older name for the same thing), then both persons have to act in concert.
Answered on Mar 21st, 2014 at 11:31 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It doesn't matter who's named "on the will," the question is who was named by the Court to serve as personal representative. If two people are appointed Co-PRs, then both have to act unless one can claim an emergency, or that the other was unavailable. Signing a listing agreement to put the house on the market is easy, and realtors often don't pay much attention to the legal authority. It will get ugly when there's an offer to buy, and one co-PR can't bring the other to the table to complete the deal.
Answered on Mar 20th, 2014 at 11:46 AM
In most cases, yes.
Answered on Mar 20th, 2014 at 10:19 AM
Edwin K. Niles
If letters testamentary have been issued to both, it would seem that both would have to act together. Unless the order appointing them says otherwise.
Answered on Mar 19th, 2014 at 7:47 PM
If you are in California you need to file a probate action to clear title to the house.
Answered on Mar 19th, 2014 at 7:46 PM
Unless the will explicitly gives one person the right to act alone, the two representatives must act together.
Answered on Mar 19th, 2014 at 7:46 PM
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It depends upon who the Court appointed and who had letters issued and if both were court appointed if one can act without the other.
Answered on Mar 19th, 2014 at 3:35 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Assuming this matter is in probate court, with co-executors, generally two signatures are required, unless the court order states otherwise.
Answered on Mar 19th, 2014 at 3:00 PM
Thomas Edward Gates
No, both must agree to anything involving the estate.
Answered on Mar 19th, 2014 at 2:58 PM
It depends on the entirety of the will and what the wishes are therein and the powers given to the executors.
Answered on Mar 19th, 2014 at 2:54 PM
The Probate Court must appoint the administrator of the estate and normally it does not want to appoint two people instead of one for the reason you bring up. Just because someone is named in the Will, that does not give them the power or right to sell the house.
Answered on Mar 19th, 2014 at 2:54 PM
Not if the Court appointed them as Co-Personal Representatives.
Answered on Mar 19th, 2014 at 2:48 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The court appointed representative of the estate must execute the deed to sell the property. If real estate is part of the decedents estate then a probate should be opened and a representative appointed by the court. The court appointed representative of the estate has the authority to bind the estate.
Answered on Mar 19th, 2014 at 2:47 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Not if both are installed as PR's.
Answered on Mar 19th, 2014 at 2:42 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It may be possible, but I have never seen it done. One of the reasons NOT to have more than one PR is that they are generally required to work together on EVERYTHING. They are also EACH entitled to their own legal representation, which can effectively double the cost of administering the estate.
Answered on Mar 19th, 2014 at 2:41 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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This all depends on what exactly the will says. If there are two co-personal representatives and the will is silent about activity then both representatives must act. If the will permits either to act, then either one can put the property up for sale.
Answered on Mar 19th, 2014 at 2:03 PM
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They can put the house on the market, but they cannot sell it.
Answered on Mar 19th, 2014 at 2:02 PM