Can an executor unilaterally sell inherited real estate if the will doesn’t order its sale?

1. Detailed Answer

In North Carolina, an executor (known as a personal representative) holds only the powers granted by the will or by statute. If the will does not explicitly authorize the sale of inherited real estate, the executor cannot proceed on their own authority. North Carolina law requires one of two paths before a sale can occur:

• Court Order: Under N.C. Gen. Stat. § 28A-15-3, an executor must petition the clerk of superior court for permission to sell real property. The court reviews the petition, ensures notice to all interested parties, and then issues an order authorizing the sale if it finds the sale necessary or beneficial to the estate.
• Beneficiary Waiver: All beneficiaries can agree in writing to waive the requirement for a court order. Under N.C. Gen. Stat. § 28A-19-6, the waiver must be signed, notarized, and filed with the clerk’s office. Once the clerk approves the waiver, the executor may sell according to the terms agreed upon by the beneficiaries.

Here are the key steps when the will does not direct a sale:

1. Review the will and any codicils to confirm the absence of a sale clause.
2. Consult all beneficiaries to determine if they will sign a waiver under N.C. Gen. Stat. § 28A-19-6.
3. If beneficiaries decline, file a petition under N.C. Gen. Stat. § 28A-15-3 explaining why the sale serves the estate’s interests.
4. Advertise the property and conduct the sale following court-approved terms.
5. Obtain a court confirmation of sale and distribute net proceeds to beneficiaries per the will and N.C. Gen. Stat. § 28A-15-14.

2. Practical Checklist for Executors Handling Real Estate Sales

• Confirm whether the will grants express authority to sell real property.
• Notify all beneficiaries of the proposed sale and discuss possible waivers.
• Prepare and file a petition for sale if you lack express will authority and cannot obtain waivers.
• Follow all statutory notice requirements and deadlines for publishing sale advertisements.
• Secure fair market value through open bidding or negotiated sale approved by the court.
• Obtain a court order confirming the sale before transferring title.
• Keep detailed records of sale proceeds, expenses, and distributions.
• Report final accounting to the clerk of court and all beneficiaries.

If you face questions about selling inherited real estate in a probate estate, you need clear, practical guidance. Pierce Law Group’s attorneys leverage years of probate administration experience to help personal representatives navigate court petitions, beneficiary waivers, and statutory procedures. Our team ensures you comply with North Carolina law and protect the estate from disputes.

Contact Pierce Law Group today for personalized support. Email us at intake@piercelaw.com or call (919) 341-7055.