Who Can Sell a Probate Home? Executor vs Administrator Explained

Who Has the Legal Right to Sell a Probate Home?

One of the most common questions during an estate process is: “Who actually has the right to sell the probate home?”
Whether you're an heir or a buyer considering a probate sale, understanding who controls the sale matters.

Let’s clear up the confusion between the executor and administrator, and how their roles impact a probate sale.

What is a Probate Sale?
A probate sale happens when a homeowner passes away, and their property must be sold through the probate court. These homes are part of the deceased person’s estate and can’t be sold like a regular listing unless approved by the court.

So, who makes those decisions?

The Role of an Executor
If the deceased person had a will, the person named in that will to handle the estate is called the executor.
The executor has legal authority—once appointed by the court—to:

List the home for sale

Hire a Realtor

Accept offers

Complete the transaction with court approval (when required)

The executor is responsible for acting in the best interest of all heirs and ensuring the sale is handled properly. They work with attorneys and agents to make sure everything stays within legal guidelines.

The Role of an Administrator
If there is no will, the court appoints an administrator to manage the estate.
This person plays the same role as the executor—they just weren’t named in a will. Their authority comes directly from the court.

The administrator must follow similar rules, but may face more restrictions or court oversight since there wasn’t a will outlining the deceased’s wishes.

How This Affects the Probate Sale Process
Whether the home is being handled by an executor or administrator, the steps to sell are mostly the same:

Get court approval to act on behalf of the estate

Hire a knowledgeable real estate agent

Market the home and collect offers

Present offers to the court if needed

Close the sale once the court gives the green light

For buyers, understanding this process is key when learning how to buy a probate sale house.

✅ Final Thoughts
What does probate sale mean for sellers and heirs? It means following the right legal steps with the right person in charge—executor or administrator.
If you’re involved in a probate sale real estate process in New Jersey, working with an experienced, AI-Certified Realtor can make all the difference.

Got questions about probate homes in North Jersey?
📞 Contact Johnny Rodriguez, North Jersey’s First AI-Certified Realtor, to guide you every step of the way in your probate sale journey.

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