Who can sell a dead person's house? Michigan & Ohio Probate Authority

Описание: Selling a home after a loved one passes away is rarely as simple as finding a buyer. Even if you are the only heir or the "Executor" named in a will, you do not have the legal power to sell the real estate until a probate court formally appoints you. Attempting to sell property without the proper "Letters of Authority" in Michigan or Ohio can lead to "probate chaos," causing real estate deals to collapse at the closing table.

In this video, a Michigan and Ohio attorney explains the legal requirements for selling estate property. We break down Michigan’s MCL 700.3711, which gives a Personal Representative the same power over the title as an absolute owner—but only after they are appointed. We also look at Ohio’s ORC 2113.39, which allows an executor to sell property without a court order if the power is specifically granted in the will.

You’ll learn why "Buyer Caution" is essential when dealing with an estate, as a buyer's title insurance depends on the seller’s legal standing. We cover the difference between "Independent" and "Supervised" administration and why a seller must often provide a specific "Executor’s Deed" or "Fiduciary Deed" to clear the title. Whether you are an heir trying to liquidate an estate or a buyer looking for a probate deal, understanding who "calls the shots" is the only way to ensure a valid transaction.

✅ In this video, a Michigan and Ohio attorney explains how legal authority to sell real estate after death works under Michigan (and Ohio, if applicable) law.

Disclaimer: This video is for educational purposes only and does not create an attorney-client relationship.

Among legal topics covered in this video:
Letters of Authority: Why this is the "golden ticket" required for any real estate sale
MCL 700.3711 (Michigan): The statutory power of a Personal Representative to act as owner
ORC 2113.39 (Ohio): When a will allows you to sell property without a court order
Intestate Sales: The extra steps required to sell a home when there is no will
Title Insurance Risks: Why buyers must verify a seller's probate status before closing
Fiduciary Duties: The legal obligation to sell the home for "fair market value" to protect other heirs

Michigan and Ohio attorney David Soble and the Soble Law team are dedicated to the success of their clients in the areas of real estate, contracts, and financial disputes. As part of our commitment, we actively write, publish, and create books, articles, podcasts, slide presentations, and newsletters—all designed to simplify complicated legal concepts related to real estate and finance.

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