If there is a beneficiary named then the asset will go to the beneficiary there’s no need for probate. Second, we look to see if the asset has a beneficiary named. If there is, that asset would go to the joint owner and no probate would be required for that asset. When we look at the assets a person owns, we first look to see if there’s a joint owner for each particular asset. The key is whether there are assets that the decedent owned that would be subject to probate. It is possible that a will is never probated not all wills have to be. What Happens If The Will Is Never Probated? Then the new buyer gets to purchase the property. The administrator will come in with a buyer and a contract and if someone else in court wants to pay more for the property than that contract price then the judge will allow that. In that process there will be an opportunity for others to purchase the property at a higher price. In these cases or if they can’t get 90 percent of the appraised value, then the executor has to go to the court to get consent to the transfer of the property.
In some cases the executor either does not have or is acting with a more limited authority. If the executor can sell the property for more than 90 percent of its appraised value then they do not need to get the permission of the beneficiaries or of the court. Among those assets will be the real estate and the probate referee will appraise the real estate. Once the executor is named there is a person appointed, called a probate referee, who will appraise the estate assets. However, notice will be sent to all the beneficiaries so that they know of the sale but they don’t have to approve of the sale. The executor can sell property without getting all of the beneficiaries to approve. Can An Executor Sell Estate Property Without Getting Approval From All Beneficiaries?