Probate Knowledge Center

Heirs and Beneficiaries

What heirs can and cannot do, disagreements, and buying the property.

• Do all heirs have to agree to sell?Not always. The appointed personal representative can often sell without unanimous heir consent, especially with full authority under the IAEA.
• What if one heir refuses to sell?A single objecting heir usually cannot block a sale by the personal representative, but can trigger court supervision of the sale.
• What if no one can find one of the heirs?A missing heir does not have to stop the estate. The court has procedures for notice by publication and holding a share in trust.
• Can an executor sell without telling the beneficiaries?Generally no. Beneficiaries are entitled to notice of a proposed sale, and skipping notice invites objections and liability.
• Can beneficiaries stop the sale?Beneficiaries can object and request court supervision, and in some cases a restraining order, but stopping a sale outright is difficult.
• Can an heir buy the house?Yes. An heir can purchase the estate home, often by buying out the other heirs’ shares, at a fair market value.
• Can the executor buy the property?Only with heightened scrutiny. An executor buying estate property generally requires court supervision to prevent self-dealing.
• What is the difference between a beneficiary and an heir?A beneficiary is named in a will or trust; an heir is entitled to inherit under state law when there is no will. The roles often overlap.