Who can sign, what the court has to approve, and how the money is split when a house changes hands in a family.
First make sure you have the legal right to sell it, which usually means a probate court has appointed you executor or administrator, or the house has already passed into your name. Then agree with any other heirs, keep the loan, taxes and insurance paid until closing, and sell it as-is or after repairs; tax is usually owed only on any gain above the house's value on the date of death.
Yes, in most cases the executor or administrator can sell a house during probate once the court has given them authority, through letters testamentary or letters of administration. Whether the sale also needs a judge's approval depends on your state and on the powers the will or the court gives the executor.
Most divorcing couples either sell the house and split what's left after the mortgage and costs, or one spouse buys out the other and refinances the loan in their own name. Both owners usually have to sign the sale, so agree in writing on the price, the timing and how the money is split, ideally in your settlement or a court order, before you accept an offer.
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