Is the executor of an estate legally required to sell a house which is in the sole name of the deceased?

Question

The only property in the deceased's sole name is a (mortgaged) house. Is the executor legally required to put it on the market/sell it or can it be let go back into the hands of the bank for foreclosure?

G R · Answer

didn't the decease person WILL the house to anybody?  If they didn't WILL the property to anybody I would think you should sell it and as being an executor I believe you also get paid, see below.
http://law.freeadvice.com/estate_planning/wills/do-will-executors-get-paid.htm

http://www.nolo.com/legal-encyclopedia/what-does-executor-do-30236.html

*****If your father had no WILL there is NO Executor, the courts will have to appoint one!  I believe YOU or your sister can not sell anything.  All your fathers property/assets (house, cars.....) will go into probate and are legally held by the court.  Because your father did not have a WILL it will now cost you and or your sister a lot of money to go through probate and get his affairs in order.  You and your sister may not have wanted the house/property, but I'm sure you wanted the money from it, well now that it has to go through probate it is possible that when all your fathers bills/taxes... are paid off due to the sail of his home/cars....and all the legal and court fees due to probate you and your sister might be left with nothing.

****I'm sorry to hear about your loss, but it wasn't wise of your father to die with out a WILL in general, but considering he had children now you are stuck with the burden.

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Is the executor of an estate legally required to sell a house which is in the sole name of the deceased?

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