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Probate Sale Timeline by State: Creditor Claims, Power to Sell, Court Confirmation

Authored by Carson Nordmann, Founder of Keystone Court Data. See our editorial standards.

Selling a house out of an estate usually turns on three questions: how long creditors have to present claims, who may sign the sale and on what power, and whether a court has to approve the sale. Pick a state and type the dates you have. For the states covered so far, each step shows that state's law quoted word for word, and where the quote itself sets a claim period and the event it runs from, the date that period runs to from the date you typed.

Build the timeline for an estate

Only the state is needed. The dates are optional and stay in your browser; they are used only to count a period a quoted statute sets.

State Date of deathoptional Date letters issuedoptional; the court's appointment of the personal representative Notice to creditors first publishedoptional

General information about how probate sales usually work, checked November 2026. This is not legal advice and does not create an attorney-client relationship. Talk to an attorney licensed in the state where the property is before relying on it.

How a probate sale usually runs

A house owned by someone who has died usually cannot be sold until someone has authority to sign for the estate. In most states that is a personal representative (an executor named in a will, or an administrator the court appoints), and the court's appointment is shown by letters. Some property passes outside probate altogether, such as property held jointly with survivorship or under a transfer-on-death deed.

In many states the personal representative publishes or sends a notice to creditors. Depending on the state, the claim period runs from that notice, from the appointment, or from the date of death. Whether the house can be sold before that period ends, and whether the court must approve the sale first or confirm it afterward, depends on the state, on the will, and on the kind of administration the court allowed. The steps below show each covered state's law on those three questions.

Calls and texts to families in probate can be covered by federal and state Do Not Call, calling and texting rules. Questions about a specific estate are for the estate's own attorney.

States covered so far

Quoted from official state statute pages: Alabama, Arizona, California, Colorado, Delaware, Florida, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, Washington, Wisconsin. Each covered state has quotes for some steps; a step with no quote says it has not been checked yet, which does not mean the state has no rule there. Every other state is marked not yet covered until its official text is quoted and checked.

Every step, explained

Creditor-claim period. Most states give the estate's creditors a set time to present claims, often counted from the first published notice to creditors or from the date of death. Many estates are not closed and paid out until that time has run. Why it matters: Proceeds from a sale usually stay in the estate until claims are dealt with, so this period often shapes how long the estate stays open.

Who may sell, and on what power. The person who runs the estate (an executor named in a will, or an administrator the court appoints) usually signs a sale. Whether they may sell without asking the court first usually depends on the will and on the state's own rules. Why it matters: It tells you whose signature a buyer's title company will usually look for, and whether a court step is part of the sale.

Court approval or confirmation of the sale. Some states require the probate court to authorize a sale before it happens or to confirm it after a contract is signed; others leave it to the personal representative in many cases. Why it matters: A court step usually adds time between a signed contract and closing, and some courts may consider other offers at a confirmation hearing.

Every quote, by state

The same quotes the timeline shows, listed state by state with our plain-English summary above each one. The summary is ours; the quote is the statute's own words, shortened where it shows ... Where a summary says the statute also covers something, read the full section for it.

Alabama (2 quotes)

Who may sell, and on what power. Where the will gives no power to sell lands to pay debts, Alabama law provides that the executor, or the administrator with the will annexed, may sell them to pay debts.
“Lands may be sold by the executor or by the administrator with the will annexed, for the payment of debts, when the will gives no power to sell the same for that purpose.” (Ala. Code 43-2-441)
Court approval or confirmation of the sale. Unless the will expressly authorizes it, an Alabama personal representative may dispose of an estate asset, including land, at public or private sale only after prior approval of the court.
“Unless expressly authorized by the will, a personal representative, only after prior approval of court, may: (1) Acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale ...” (Ala. Code 43-2-844(1))

Arizona (3 quotes)

Creditor-claim period. Unless notice was already given under the section, an Arizona personal representative must publish a notice to creditors once a week for three successive weeks, telling creditors to present their claims within four months after the first publication of the notice or be forever barred.
“Unless notice has already been given under this section, at the time of appointment a personal representative shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the personal representative's address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.” (A.R.S. 14-3801(A))
Who may sell, and on what power. Except as restricted or otherwise provided by the will or by an order in a formal proceeding, an Arizona personal representative, acting reasonably for the benefit of the interested persons, may properly dispose of an estate asset, including land, for cash or on credit and at public or private sale.
“Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 14-3902, a personal representative, acting reasonably for the benefit of the interested persons, may properly: ... 6. Acquire or dispose of an asset, including land in this or another state, for cash or on credit and at public or private sale and manage, develop, improve, exchange, partition, change the character of or abandon an estate asset.” (A.R.S. 14-3715(6))
Who may sell, and on what power. An Arizona personal representative is to proceed expeditiously with settling and distributing the estate and, except as otherwise specified or ordered for a supervised personal representative, do so without adjudication, order or direction of the court.
“Personal representative to proceed without court order; exception A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the court ...” (A.R.S. 14-3704)

California (3 quotes)

Who may sell, and on what power. Subject to its sale chapter's limitations, conditions and requirements, a California personal representative may sell estate real property in listed cases, such as to pay debts or to the estate's advantage.
“Subject to the limitations, conditions, and requirements of this chapter, the personal representative may sell real or personal property of the estate in any of the following cases: (a) Where the sale is necessary to pay debts, devises, family allowance, expenses of administration, or taxes. (b) Where the sale is to the advantage of the estate and in the best interest of the interested persons.” (Cal. Prob. Code 10000)
Who may sell, and on what power. A California personal representative who has full authority has the power to sell or exchange the estate's real property.
“The personal representative who has full authority has the power to sell or exchange real property of the estate.” (Cal. Prob. Code 10511)
Court approval or confirmation of the sale. Except as provided in Section 10503, a California estate's sales of real property must be reported to and confirmed by the court before title passes to the purchaser, whether the sale is private or a public auction, even if the will directs or allows the sale.
“Except as provided in Section 10503, all sales of real property shall be reported to and be confirmed by the court before title to the property passes to the purchaser, whether the sale is a private sale or a public auction sale and notwithstanding that the property is directed by the will to be sold or authority is given in the will to sell the property.” (Cal. Prob. Code 10308(a))

Colorado (5 quotes)

Creditor-claim period. Colorado's form of notice to creditors requires persons having claims to present them on or before a date not earlier than four months from first publication, or the date one year from the date of death, whichever occurs first.
“The notice shall be substantially as follows: NOTICE TO CREDITORS Estate of ... All persons having claims against the above-named estate are required to present them to the undersigned or to the District Court of ... on or before (a date not earlier than four months from date of first publication or the date one year from date of death, whichever occurs first) ...” (C.R.S. 15-12-801(1))
Creditor-claim period. A claim that arose before the death is barred unless presented, as to creditors barred by publication, within the time set in the published notice to creditors; as to creditors barred by written notice, within the time set in the written notice; and, as to all creditors, within one year after the decedent's death.
“All claims against a decedent's estate that arose before the death of the decedent ... are barred against the estate, the personal representative, any transferee or other person incurring liability under section 15-15-103, and the heirs and devisees of the decedent, unless presented as follows: (I) As to creditors barred by publication, within the time set in the published notice to creditors; (II) As to creditors barred by written notice, within the time set in the written notice; (III) As to all creditors, within one year after the decedent's death.” (C.R.S. 15-12-803(1)(a))
Who may sell, and on what power. Subject to subsection (1) of the section, Colorado gives a fiduciary the power to sell and convey real property owned by the estate at public or private sale, for cash or on credit, on fair, reasonable and equitable terms, except real property that is specifically devised.
“(2) Subject to subsection (1) of this section, a fiduciary has the power: ... (g) With respect to real property or any interest in real property owned by the estate or trust, except where such real property, or interest in real property, is specifically devised: (I) To grant options to sell and to sell and convey the same at public or private sale, for cash or on credit, upon fair, reasonable, and equitable terms; ...” (C.R.S. 15-1-804(2)(g)(I))
Who may sell, and on what power. A Colorado personal representative is to proceed expeditiously with settling and distributing the estate and, except as otherwise specified or ordered for a supervised personal representative, do so without adjudication, order or direction of the court.
“... personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court ...” (C.R.S. 15-12-704)
Who may sell, and on what power. If a Colorado will directs unsupervised administration, that controls unless the personal representative petitions for supervised administration, which is granted unless the court finds supervision unnecessary to protect persons interested in the estate.
“If the decedent's will directs unsupervised administration such provision shall control unless the personal representative petitions for supervised administration, in which case such petition shall be granted unless the court finds that supervised administration is unnecessary for protection of persons interested in the estate; ...” (C.R.S. 15-12-502(2)(b))

Delaware (4 quotes)

Creditor-claim period. A claim that arose before or at the death (except debts of which notice is presumed under section 2103) is barred unless presented as section 2104 provides within 8 months of the death, whether or not the notice referred to in section 2101 has been given.
“All claims against a decedent’s estate which arose before or at the death of the decedent ... except debts of which notice is presumed pursuant to § 2103 of this title, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative and the heirs and devisees of the decedent unless presented as provided in § 2104 of this title within 8 months of the decedent’s death whether or not the notice referred to in § 2101 of this title has been given.” (12 Del. C. 2102(a))
Who may sell, and on what power. If a will devises real estate to be sold and no person is authorized to make the sale, the person or persons carrying out the will (or the survivor or survivors of them) may sell the real estate in execution of the devise.
“If, by any will, real estate is devised to be sold, and no person is authorized to make the sale, the person, or persons, having the execution of the will, or the survivor or survivors of them, if several, may sell the real estate in execution of the devise.” (12 Del. C. 2719(b))
Court approval or confirmation of the sale. When the personal estate cannot pay the decedent's debts, the executor or administrator may petition the Court of Chancery of a county where the decedent had real estate for an order for sale.
“When the personal estate of a decedent is not sufficient to pay the decedent’s debts, the decedent’s executor or administrator may present to the Court of Chancery of the county in which there is any real estate of the decedent a petition outlining such facts, and praying for an order for sale of the whole, or such part thereof, if the personal estate is not sufficient for that purpose.” (12 Del. C. 2701(a))
Court approval or confirmation of the sale. Every sale under this Delaware chapter must be by public auction or by private sale with the approval of the Court of Chancery.
“Every sale under this chapter shall be by public auction or by private sale with the approval of the Court of Chancery.” (12 Del. C. 2706)

Florida (4 quotes)

Creditor-claim period. 2 years after death, the estate, the personal representative and the beneficiaries are not liable for any claim or cause of action against the decedent, whether or not letters were issued, except as the section provides. This does not apply to a creditor who filed a claim within those 2 years that has not been paid or otherwise disposed of, and it does not affect the lien of a duly recorded mortgage or security interest or other listed liens.
“(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . (3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.” (Fla. Stat. 733.710(1)-(3))
Creditor-claim period. A claim or demand against the estate that arose before the death (the section lists the kinds it covers) is not binding unless filed by the later of 3 months after the first publication of the notice to creditors or, for a creditor who must be served with the notice, 30 days after service.
“... no claim or demand against the decedent’s estate that arose before the death of the decedent ... is binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor ...” (Fla. Stat. 733.702(1))
Who may sell, and on what power. If a Florida will gives a specific power to sell real property or a general power to sell any estate asset, the personal representative may sell estate real property without authorization or confirmation of court.
“When a decedent’s will confers specific power to sell or mortgage real property or a general power to sell any asset of the estate, the personal representative may sell, mortgage, or lease, without authorization or confirmation of court, any real property of the estate or any interest therein ...” (Fla. Stat. 733.613(2))
Court approval or confirmation of the sale. In Florida, if the estate is intestate or the will gives no power of sale, or a power so limited that it cannot be conveniently exercised, the personal representative who considers a sale of real property in the best interest of the estate and those interested in it may sell it at public or private sale, but no title passes until the court authorizes or confirms the sale.
“When a personal representative of an intestate estate, or whose testator has not conferred a power of sale or whose testator has granted a power of sale but the power is so limited by the will or by operation of law that it cannot be conveniently exercised, shall consider that it is for the best interest of the estate and of those interested in it that real property be sold, the personal representative may sell it at public or private sale. No title shall pass until the court authorizes or confirms the sale.” (Fla. Stat. 733.613(1))

Idaho (3 quotes)

Creditor-claim period. Unless notice was already given under the section, an Idaho personal representative may publish a notice to creditors once a week for three successive weeks, telling creditors to present their claims within four months after the first publication of the notice or be forever barred.
“Unless notice has already been given under this section, a personal representative upon his appointment may publish a notice to creditors once a week for three (3) successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within four (4) months after the date of the first publication of the notice or be forever barred.” (Idaho Code 15-3-801(a))
Who may sell, and on what power. Except as restricted or otherwise provided by the will or by an order in a formal proceeding, an Idaho personal representative, acting reasonably for the benefit of the interested persons, may properly dispose of an estate asset, including land in Idaho or another state, for cash or on credit, at public or private sale.
“Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 15-3-902 of this code, a personal representative, acting reasonably for the benefit of the interested persons, may properly: ... Acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset ...” (Idaho Code 15-3-715(6))
Who may sell, and on what power. An Idaho personal representative is to proceed expeditiously with settling and distributing the estate and, except as otherwise specified or ordered for a supervised personal representative, do so without adjudication, order or direction of the court.
“A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court ...” (Idaho Code 15-3-704)

Illinois (4 quotes)

Creditor-claim period. The Illinois notice must state that claims may be filed on or before the date stated in it, which must be not less than 6 months from first publication or 3 months from mailing or delivery, whichever is later.
“... a notice stating the death of the decedent, the name and address of the representative and of his attorney of record, that claims may be filed on or before the date stated in the notice, which date shall be not less than 6 months from the date of the first publication or 3 months from the date of mailing or delivery, whichever is later ...” (755 ILCS 5/18-3(a))
Creditor-claim period. Unless barred sooner under the notice rules in the same section, all claims that could have been barred under the section are, in any event, barred 2 years after death, whether or not letters issue.
“Unless sooner barred under subsection (a) of this Section, all claims which could have been barred under this Section are, in any event, barred 2 years after decedent's death, whether or not letters of office are issued upon the estate of the decedent.” (755 ILCS 5/18-12(b))
Who may sell, and on what power. An Illinois independent representative acting reasonably for the estate's best interests has the will's powers plus the listed powers, exercisable without court order except where inconsistent with the will.
“An independent representative acting reasonably for the best interests of the estate has the powers granted in the will and the following powers, all exercisable without court order, except to the extent that the following powers are inconsistent with the will: ...” (755 ILCS 5/28-8)
Who may sell, and on what power. An Illinois independent representative may, without court order (except where inconsistent with the will), sell at public or private sale real estate to which the decedent had claim or title, but specifically bequeathed real estate may not be sold without the legatee's written consent.
“An independent representative acting reasonably for the best interests of the estate has the powers granted in the will and the following powers, all exercisable without court order, except to the extent that the following powers are inconsistent with the will: ... to sell at public or private sale, for cash or on credit, or mortgage any real estate or interest therein to which the decedent had claim or title, but real estate specifically bequeathed shall not be leased, sold or mortgaged without the written consent of the legatee ...” (755 ILCS 5/28-8(i))

Iowa (2 quotes)

Who may sell, and on what power. Iowa lets a personal representative sell the decedent's real or personal property, except exempt personal property and the homestead, to pay debts and charges, to distribute the estate, or for any other purpose in the estate's best interests; under provisions the court may direct, exempt personal property not set off to the surviving spouse may be sold with the spouse's consent, and the homestead may be sold if it was not set off to the surviving spouse and the spouse has not elected to occupy it.
“Any real or personal property belonging to the decedent, except exempt personal property and the homestead, may be sold, mortgaged, pledged, leased or exchanged by the personal representative for any of the following purposes: a. The payment of debts and charges against the estate; b. The distribution of the estate or any part thereof; c. Any other purpose in the best interests of the estate. 2. Exempt personal property under such provisions as the court may direct, if not set off to the surviving spouse, may be sold, mortgaged, pledged, leased, or exchanged, provided that the surviving spouse consents thereto. 3. The homestead, under such provisions as the court may direct, if not set off to the surviving spouse and if the surviving spouse has not elected to occupy the homestead, may be sold, mortgaged, pledged, leased or exchanged.” (Iowa Code 633.386(1)-(3))
Court approval or confirmation of the sale. Any person interested in an Iowa estate may prevent a sale of estate real estate by giving a bond, to the court's satisfaction, to pay the demands against the estate the court requires, up to the property's value.
“Any person interested in the estate may prevent a sale, mortgage, pledge, exchange or lease of the whole or any part of the real estate or personal property for any purpose, by giving bond to the satisfaction of the court, conditioned that the person will pay such demands against the estate as the court shall require, not to exceed the value of the property thus kept from sale, mortgage, pledge, exchange, or lease, as soon as called upon by the court for that purpose.” (Iowa Code 633.394(1))

Kentucky (5 quotes)

Creditor-claim period. A claim that arose before the death is barred unless presented within six months after the personal representative is appointed (the statute excludes some claims and lists exceptions).
“All claims against a decedent's estate which arose before the death of the decedent ... are barred against the estate ... and the heirs and devisees, unless presented within six (6) months after the appointment of the personal representative ...” (KRS 396.011(1))
Creditor-claim period. If no personal representative has been appointed, a claim that arose before the death is barred unless presented within 2 years after the death.
“All claims against a decedent's estate which arose before the death of the decedent ... are barred against the estate ... and the heirs and devisees, unless presented within six (6) months after the appointment of the personal representative, or where no personal representative has been appointed, within two (2) years after the decedent's death.” (KRS 396.011(1))
Who may sell, and on what power. When a will directs land to be sold or gives a discretionary power to sell, the executors may sell and convey that land, if no other person is appointed for that purpose (or that person refuses or dies first); the same section says that, while an action or procedure to set aside or reject the will is pending, there is no power to sell the decedent's land except under a court judgment.
“(1) The executors, or such of them as undertake the execution of the will, or, if all or more than one (1) undertake the execution of the will and part die or vacate the office, the residue or survivor, may sell and convey the land which the will directs or devises to the executor or to another person to be sold, or gives a discretionary power to sell, if no other person is appointed for that purpose, or if the person appointed refuses to perform the trust or dies before he has completed it. (2) Pending an action or procedure to set aside or reject the will, there shall be no power to sell the land of the deceased, except under a judgment of court.” (KRS 395.220)
Court approval or confirmation of the sale. A Kentucky fiduciary (the section's defined term) not otherwise possessing a power of sale may move the District Court of the county where it qualified for an order granting it the power to sell or mortgage real estate of its ward, decedent or trust.
“... (hereinafter "fiduciary"), not otherwise possessing a power of sale, may move the District Court of the county in which the fiduciary has qualified for an order granting the fiduciary the power to sell or mortgage any real estate or any interest in the real estate possessed by his or her ward, decedent, or trust ...” (KRS 389A.010(1)(a))
Court approval or confirmation of the sale. A deed or mortgage from a fiduciary exercising the granted power must recite where the order giving that authority may be found, and a certified copy of the order must be recorded with the deed.
“The deed or mortgage from the fiduciary in exercise of the power granted shall recite in the source of title thereto the place where the order giving such authority may be found, and a certified copy of the order shall be recorded with the deed.” (KRS 389A.015(2))

Louisiana (3 quotes)

Who may sell, and on what power. A Louisiana succession representative may sell succession property to pay debts and legacies, or for any other purpose, when authorized by the court as its chapter provides.
“A succession representative may sell succession property in order to pay debts and legacies, or for any other purpose, when authorized by the court as provided in this Chapter.” (La. C.C.P. art. 3261)
Who may sell, and on what power. Except as its chapter expressly provides otherwise, a Louisiana independent administrator has a succession representative's rights, powers and duties under Chapters 4 through 12, without delay for objection or any application to or action by the court.
“Except as expressly provided otherwise in this Chapter, an independent administrator shall have all the rights, powers, authorities, privileges, and duties of a succession representative provided in Chapters 4 through 12 of this Title, but without the necessity of delay for objection, or application to, or any action in or by, the court.” (La. C.C.P. art. 3396.15)
Court approval or confirmation of the sale. A succession representative may sign an agreement to sell succession property at private sale without prior court authority, but only subject to the condition that the court approve the sale.
“A succession representative may execute, without prior court authority, an agreement to sell succession property at private sale, subject to the suspensive condition that the court approve the proposed sale.” (La. C.C.P. art. 3281(B))

Maryland (2 quotes)

Creditor-claim period. Except as statute provides for claims of the United States or the State, a claim against a decedent's estate is forever barred unless presented within the earlier of the dates the statute lists; the first is 6 months after the date of death (the statute lists another).
“Except as otherwise expressly provided by statute with respect to claims of the United States or the State, a claim against an estate of a decedent, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, is forever barred against the estate, the personal representative, and the heirs and legatees, unless presented within the earlier of the following dates: (1) 6 months after the date of the decedent’s death ...” (Md. Code, Est. & Trusts 8-103(a)(1))
Who may sell, and on what power. Except as validly limited by the will or by a court order, a Maryland personal representative may sell, mortgage, pledge, exchange or lease property.
“Except as validly limited by the will or by an order of court, a personal representative may, in addition to the power or authority contained in the will and to other common–law or statutory powers, exercise the powers enumerated in this section. ... A personal representative may invest in, sell, mortgage, pledge, exchange, or lease property.” (Md. Code, Est. & Trusts 7-401(a)(2), (n))

Massachusetts (2 quotes)

Who may sell, and on what power. A Massachusetts personal representative is to proceed expeditiously with settling and distributing the estate and, except as otherwise specified or ordered for a supervised personal representative, do so without adjudication, order or direction of the court.
“[Personal Representative to Proceed Without Court Order; Exception.] A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court ...” (Mass. G.L. c.190B, 3-704)
Court approval or confirmation of the sale. On a petition by an executor or administrator filed within one year after the executor's or administrator's bond is given (the section sets other periods in some cases), the Massachusetts probate court may, with the consent of all interested parties or after notice, license the executor or administrator to sell estate real estate, in the manner and on the notice the court orders.
“The probate court may, upon petition of an administrator, administrator with the will annexed, or executor filed within one year after the date of the giving of the executor's or administrator's bond, ... with the consent of all parties interested or after notice, license him to sell the whole or any part of the real estate or any undivided interest therein belonging to the estate of the deceased, in such manner and upon such notice as the court orders ...” (Mass. G.L. c.202, 19)

Michigan (5 quotes)

Creditor-claim period. A claim that arose before death is barred unless presented within 1 of the listed time limits: if notice is given as the statute requires, within 4 months after the notice to creditors is published (a claim already barred where the decedent lived is barred here too); for a creditor known to the personal representative, within 1 month after notice is later sent to them or 4 months after publication, whichever is later. The statute lists another limit too.
“A claim against a decedent's estate that arose before the decedent's death ... is barred against the estate, the personal representative, the decedent's heirs and devisees, and nonprobate transferees of the decedent unless presented within 1 of the following time limits: (a) If notice is given in compliance with section 3801 or 7608, within 4 months after the date of the publication of notice to creditors, except that a claim barred by a statute at the decedent's domicile before the publication for claims in this state is also barred in this state. (b) For a creditor known to the personal representative at the time of publication or during the 4 months following publication, within 1 month after the subsequent sending of notice or 4 months after the date of the publication of notice to creditors, whichever is later.” (MCL 700.3803(1)(a)-(b))
Creditor-claim period. If the notice requirements of section 3801 or 7608 have not been met, a claim that arose before death is barred unless presented within 3 years after the decedent's death.
“A claim against a decedent's estate that arose before the decedent's death ... is barred against the estate, the personal representative, the decedent's heirs and devisees, and nonprobate transferees of the decedent unless presented within 1 of the following time limits: ... If the notice requirements of section 3801 or 7608 have not been met, within 3 years after the decedent's death.” (MCL 700.3803(1)(c))
Who may sell, and on what power. Except as restricted or otherwise provided by the will or by an order in a formal proceeding, and subject to subsection (2) (see the court-approval step), a Michigan personal representative, acting reasonably for the benefit of interested persons, may acquire or dispose of property, including land in Michigan or another state, for cash or on credit, at public or private sale.
“Except as restricted or otherwise provided by the will or by an order in a formal proceeding, and subject to subsection (2) and to the priorities stated in section 3902, a personal representative, acting reasonably for the benefit of interested persons, may properly do any of the following: ... (f) Acquire or dispose of property, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon estate property.” (MCL 700.3715(1)(f))
Who may sell, and on what power. In Michigan, a personal representative's status and the powers and duties of the office are fully established by informal appointment.
“The personal representative's status and the powers and duties pertaining to the office are fully established by informal appointment.” (MCL 700.3307(2))
Court approval or confirmation of the sale. If the Michigan personal representative is the state or county public administrator, it may not sell the decedent's real property without court approval.
“(2) If the personal representative is the state or county public administrator, all of the following apply: (a) The personal representative shall not sell the decedent's real property without approval of the court.” (MCL 700.3715(2)(a))

Minnesota (3 quotes)

Who may sell, and on what power. Until the appointment ends, a Minnesota personal representative has the same power over title to estate property that an absolute owner would have, in trust for the creditors and others interested in the estate; the power may be exercised without notice, hearing or court order, but a personal representative appointed in an informal proceeding may not sell, encumber, lease or distribute any interest in the decedent's real estate until 30 days after letters issue.
“Until termination of the appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court and when so exercised shall transfer good title to the transferee to the same extent that decedent had title thereto; provided, however, that a personal representative appointed in an informal proceeding shall not be empowered to sell, encumber, lease or distribute any interest in real estate owned by the decedent until 30 days have passed from the date of the issuance of the letters.” (Minn. Stat. 524.3-711)
Who may sell, and on what power. Except as restricted or otherwise provided by the will or by an order in a formal proceeding, a Minnesota personal representative, acting reasonably for the benefit of the interested persons, may properly dispose of an estate asset, including land, for cash or on credit, at public or private sale.
“Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 524.3-902, a personal representative, acting reasonably for the benefit of the interested persons, may properly: ... (6) acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; ...” (Minn. Stat. 524.3-715(6))
Who may sell, and on what power. A Minnesota personal representative is to proceed expeditiously with settling and distributing the estate and, except as otherwise specified or ordered for a supervised personal representative, do so without adjudication, order or direction of the court.
“A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court ...” (Minn. Stat. 524.3-704)

Missouri (5 quotes)

Creditor-claim period. Except as section 473.370 provides, claims (other than the kinds the statute lists) not filed within six months after the first published notice of letters, or, if notice was actually mailed to or served on that creditor, within two months after that notice, whichever is later, or not paid by the personal representative within six months after the first published notice, are forever barred. The section does not bar a contingent claim based on a warranty made in conveying real estate.
“Except as provided in section 473.370, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, ... which are not filed ... within six months after the date of the first published notice of letters testamentary or of administration or, if notice was actually mailed to, or served upon, such creditor, within two months after the date such notice was mailed, or served, whichever later occurs, or which are not paid by the personal representative, within six months after the first published notice of letters testamentary or of administration, are forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent. No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section.” (RSMo 473.360.1)
Creditor-claim period. Unless otherwise barred by law, claims (other than the kinds the statute lists) that are not filed or are not paid by the personal representative are forever barred one year following the decedent's death, whether or not administration of the estate is had or commenced in that year and whether or not the claimant was given any notice. The section does not bar a contingent claim based on a warranty made in conveying real estate.
“Unless otherwise barred by law, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed ... or are not paid by the personal representative, shall become unenforceable and shall be forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent one year following the date of the decedent's death, whether or not administration of the decedent's estate is had or commenced within such one-year period and whether or not during such period a claimant has been given any notice, actual or constructive, of the decedent's death or of the need to file a claim in any court. No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section.” (RSMo 473.444.1)
Who may sell, and on what power. When a Missouri will gives the executor power to sell, mortgage, lease or exchange estate property, the executor may proceed under that power or under the provisions of this law, as the executor decides.
“When power to sell, mortgage, lease or exchange property of the estate has been given to any executor under the terms of any will, the executor may proceed under such power, or under the provisions of this law, as he may determine.” (RSMo 473.457.3)
Who may sell, and on what power. A Missouri independent personal representative is to proceed expeditiously with settling and distributing the estate under the applicable provisions of the chapter and, except as sections 473.780 to 473.843 specify otherwise, do so without adjudication, order or direction of the court.
“An independent personal representative shall proceed expeditiously with the settlement and distribution of the estate in accordance with the applicable provisions of this chapter and, except as otherwise specified by the provisions of sections 473.780 to 473.843 , shall do so without adjudication, order, or direction of the court ...” (RSMo 473.787.2)
Court approval or confirmation of the sale. Missouri law lets an estate's real or personal property be sold, mortgaged, leased or exchanged under court order for listed purposes, such as paying claims allowable against the estate.
“Real or personal property belonging to an estate may be sold, mortgaged, leased or exchanged under court order for any of the following purposes: (1) For the payment of claims allowable against the estate; ...” (RSMo 473.460.1)

Nebraska (3 quotes)

Creditor-claim period. A claim that arose before the death is barred unless presented within two months after the first publication of notice to creditors, if notice is given in compliance with sections 25-520.01 and 30-2483 (the statute lists other limits and goes on).
“All claims against a decedent's estate which arose before the death of the decedent ... are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) Within two months after the date of the first publication of notice to creditors if notice is given in compliance with sections 25-520.01 and 30-2483, except that claims barred by the nonclaim statute at the decedent's domicile before the first publication for claims in this state are also barred in this state.” (Neb. Rev. Stat. 30-2485(a)(1))
Who may sell, and on what power. Except as restricted or otherwise provided by the will or by an order in a formal proceeding, a Nebraska personal representative, acting reasonably for the benefit of the interested persons, may properly dispose of an estate asset, including land in Nebraska or another state, for cash or on credit, at public or private sale.
“Except as restricted or otherwise provided by the will or by an order in a formal proceeding, without limiting the authority conferred by section 30-2472, and subject to the priorities stated in section 30-24,100, a personal representative, acting reasonably for the benefit of the interested persons, may properly: ... acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset ...” (Neb. Rev. Stat. 30-2476(6))
Who may sell, and on what power. A Nebraska personal representative is to proceed expeditiously with settling and distributing the estate and, except as otherwise specified or ordered for a supervised personal representative, do so without adjudication, order or direction of the court.
“A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court ...” (Neb. Rev. Stat. 30-2465)

Nevada (7 quotes)

Creditor-claim period. A person with a claim against the decedent must file it with the clerk within 90 days after the mailing, for those the notice must be mailed to, or 90 days after the first publication of the notice to creditors (the section goes on to other creditors and periods).
“A person having a claim, due or to become due, against the decedent must file the claim with the clerk within 90 days after the mailing for those required to be mailed, or 90 days after the first publication of the notice to creditors pursuant to NRS 155.020.” (NRS 147.040(1))
Who may sell, and on what power. A Nevada personal representative granted authority to administer the estate under NRS 143.300 to 143.815 may administer it as those sections provide without court supervision, subject to those sections' limits; in all other respects the estate is administered as it would be without that authority.
“Subject to the limitations and conditions of NRS 143.300 to 143.815 , inclusive, a personal representative who has been granted authority to administer the estate pursuant to NRS 143.300 to 143.815 , inclusive, may administer the estate as provided pursuant to NRS 143.300 to 143.815 , inclusive, without court supervision, but in all other respects, the personal representative shall administer the estate in the same manner as a personal representative who has not been granted authority to administer the estate pursuant to NRS 143.300 to 143.815 , inclusive.” (NRS 143.365(1))
Who may sell, and on what power. A Nevada personal representative who has full authority has the power to sell or exchange the estate's real property.
“Sale or exchange of real property. The personal representative who has full authority has the power to sell or exchange real property of the estate.” (NRS 143.405)
Who may sell, and on what power. Nevada's powers in NRS 143.400 to 143.465 may be exercised only if the requirements of NRS 143.700 to 143.760 are satisfied.
“The personal representative may exercise the powers described in NRS 143.400 to 143.465 , inclusive, only if the requirements of NRS 143.700 to 143.760 , inclusive, are satisfied.” (NRS 143.400)
Court approval or confirmation of the sale. Except as otherwise provided in NRS 148.170 and 148.180 and in the other exception the statute lists, a Nevada estate's sales of property must be reported to the court and confirmed by it before title passes.
“Except as otherwise provided in NRS 148.170 and 148.180 ... all sales of property must be reported to the court and confirmed by the court before the title to the property passes.” (NRS 148.060(1))
Court approval or confirmation of the sale. When a Nevada personal representative granted full authority sells estate property under that authority, the sale may be at public auction or private sale on terms the personal representative determines (except as subsection 4 provides, and subject to the limits and requirements of NRS 143.370), and the court-confirmation requirements do not apply; but if the personal representative determines a real property sale will be at less than 90 percent of appraised value, all interested persons must consent in writing first and the court must confirm the sale.
“1. Except as otherwise provided in subsection 4, and subject to the limitations and requirements of NRS 143.370, when the personal representative exercises the authority to sell property of the estate after being granted full authority pursuant to NRS 143.300 to 143.815, inclusive, the personal representative may sell the property at public auction or private sale, and with or without notice, for cash or on credit, for such price and upon such terms and conditions as the personal representative may determine. ... 3. The requirements applicable to court confirmation of sales of real property and sales of personal property do not apply to a sale pursuant to this section. 4. If the personal representative determines that the sale of real property pursuant to this section will be less than 90 percent of the appraised value of the real property: (a) All interested persons must consent in writing to the sale before the personal representative may proceed with the sale; and (b) The sale must be confirmed by the court pursuant to NRS 148.060 .” (NRS 143.380(1), (3)-(4))
Court approval or confirmation of the sale. If the will directs or authorizes a sale, the Nevada personal representative may choose public auction or private sale, with or without notice, but must still return the sale and obtain confirmation as in other cases; no title passes unless the court confirms it.
“If property is directed by the will to be sold, or authority is given in the will to sell the property, the personal representative may sell it either at public auction or private sale, and with or without notice, as the personal representative may determine, but the personal representative must make a return of sales and obtain confirmation as in other cases. In either case, no title passes unless the sale is confirmed by the court ...” (NRS 148.080)

New Mexico (4 quotes)

Creditor-claim period. A New Mexico personal representative may publish a notice to creditors once a week for three successive weeks, telling creditors to present their claims within four months after the first publication of the notice or be forever barred.
“A personal representative upon appointment may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county in which the probate proceeding is pending, announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within four months after the date of the first publication of the notice or be forever barred.” (NMSA 1978 45-3-801(A))
Creditor-claim period. A claim that arose before the death is barred unless presented within the earlier of the times the statute lists; the first is one year after the decedent's death (the statute lists another).
“All claims against a decedent's estate that arose before the death of the decedent ... are barred against the estate, the personal representative and the heirs, devisees and nonprobate transferees of the decedent unless presented within the earlier of the following: (1) one year after the decedent's death ...” (NMSA 1978 45-3-803(A)(1))
Who may sell, and on what power. Except as restricted or otherwise provided by the will or by an order in a formal proceeding, a New Mexico personal representative, acting reasonably for the benefit of the interested persons, may properly dispose of an estate asset, including land in New Mexico or another state, for cash or on credit, at public or private sale.
“Except as restricted or otherwise provided by the will or by an order in a formal proceeding ... a personal representative, acting reasonably for the benefit of the interested persons, may properly: ... (6) acquire or dispose of an asset, including land in New Mexico or another state, for cash or on credit, at public or private sale, and manage, develop, improve, partition or change the character of an estate asset; ...” (NMSA 1978 45-3-715(A)(6))
Who may sell, and on what power. A New Mexico personal representative is to proceed expeditiously with settling and distributing the estate and, except as otherwise specified or ordered for a supervised personal representative, do so without adjudication, order or direction of the district court.
“A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the district court. ...” (NMSA 1978 45-3-704)

New York (1 quote)

Who may sell, and on what power. Unless the court order or decree appointing the fiduciary, a later order or decree, or the will limits it, a New York fiduciary is authorized to sell estate property at public or private sale, on the terms the fiduciary thinks most advantageous to those interested, except property that is specifically disposed of.
“In the absence of contrary or limiting provisions in the court order or decree appointing a fiduciary, or in a subsequent order or decree, or in the will, deed or other instrument, every fiduciary is authorized: ... (5) With respect to any property or any estate therein owned by an estate or trust, except where such property or any estate therein is specifically disposed of: (A) To take possession of, collect the rents from and manage the same. (B) To sell the same at public or private sale, and on such terms as in the opinion of the fiduciary will be most advantageous to those interested therein.” (N.Y. EPTL 11-1.1(b)(5)(A)-(B))

North Carolina (4 quotes)

Creditor-claim period. The notice to creditors must tell creditors to present their claims on or before a day named in the notice, at least three months from the first publication or posting of the notice.
“... to present their claims to the personal representative or collector, on or before a day to be named in the notice, which day must be at least three months from the day of the first publication or posting of the notice.” (N.C.G.S. 28A-14-1(a))
Who may sell, and on what power. In North Carolina, a will's general provision authorizing the personal representative to sell the testator's real property (or incorporating G.S. 32-27(2)) is enough to remove the need for an Article 17 proceeding.
“A general provision granting authority to the personal representative to sell the testator's real property, or incorporation by reference of the provisions of G.S. 32-27(2) shall be sufficient to eliminate the necessity for a proceeding under Article 17.” (N.C.G.S. 28A-15-1(c))
Who may sell, and on what power. A North Carolina personal representative may at any time petition the clerk of superior court where the real property is located to sell the decedent's real property to pay debts and other claims.
“Pursuant to authority contained in G.S. 28A-15-1 the personal representative may, at any time, apply to the clerk of superior court of the county where the decedent's real property or some part thereof is situated, by petition, to sell such real property for the payment of debts and other claims against the decedent's estate.” (N.C.G.S. 28A-17-1)
Court approval or confirmation of the sale. To sell, lease or mortgage estate real estate for debts and claims, a North Carolina personal representative must bring a special proceeding before the superior court clerk, unless selling under authority given by will.
“If it shall be determined by the personal representative that it is in the best interest of the administration of the estate to sell, lease, or mortgage any real estate or interest therein to obtain money for the payment of debts and other claims against the decedent's estate, the personal representative shall institute a special proceeding before the clerk of superior court for such purpose pursuant to Article 17 of this Chapter, except that no such proceeding shall be required for a sale made pursuant to authority given by will.” (N.C.G.S. 28A-15-1(c))

Ohio (3 quotes)

Creditor-claim period. Except as section 2117.061 provides, all claims are to be presented within six months after the death of the decedent, whether or not an executor or administrator is appointed during that time.
“Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period.” (Ohio Rev. Code 2117.06(B))
Who may sell, and on what power. Unless the will expressly prohibits it, an Ohio executor or administrator may sell estate real property and deliver deeds if all of the statute's listed conditions are met.
“In addition to the other methods provided by law or in the will and unless expressly prohibited by the will, an executor or administrator may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real property belonging to the estate at any time at prices and upon terms that are consistent with this section and may execute and deliver deeds and other instruments of conveyance if all of the following conditions are met: ...” (Ohio Rev. Code 2127.011(A))
Who may sell, and on what power. Under Ohio's consent power of sale, the surviving spouse and all legatees and devisees (or all heirs) must give written consent, filed in the probate court; the price must be at least eighty per cent of the appraised value; and the power is not effective if the surviving spouse or any legatee, devisee or heir is a minor.
“(1) The surviving spouse, all of the legatees and devisees in the case of testacy, and all of the heirs in the case of intestacy, give written consent to a power of sale for a particular parcel of real property or to a power of sale for all the real property belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate court. (2) Any sale under a power of sale authorized pursuant to this section shall be made at a price of at least eighty per cent of the appraised value, as set forth in an approved inventory. (3) No power of sale provided for in this section is effective if the surviving spouse or any legatee, devisee, or heir is a minor. No person may give the consent of the minor that is required by this section.” (Ohio Rev. Code 2127.011(A))

Oklahoma (4 quotes)

Who may sell, and on what power. When a sale is needed for family allowance, debts, administration costs or legacies, or is in the estate's best interests, the executor or administrator may sell real property on a district court order.
“When a sale of property of the estate is necessary to pay the allowance of the family, or the debts outstanding against a decedent, or the debts, expenses or charges of administration, or legacies, or is otherwise in the best interests of the estate, the executor or administrator may also sell any real, as well as personal, property of the estate in his hands and chargeable for that purpose, upon the order of the district court ...” (Okla. Stat. tit. 58, 411)
Court approval or confirmation of the sale. Except as otherwise provided later in the law, Oklahoma estate sales must be reported under oath and confirmed by the court before title to the property passes.
“Except as otherwise hereinafter provided, all sales must be reported under oath and confirmed by the court, before the title to the property sold passes.” (Okla. Stat. tit. 58, 382)
Court approval or confirmation of the sale. If an Oklahoma will directs or authorizes a sale, the executor may sell without a court order, on terms the executor determines, but must make a return of the sale (unless it is made under Section 239) and must follow any directions in the will on how to sell or what to sell; no title passes unless the court confirms the sale, except a sale made under Section 239.
“When property is directed or authorized by the will to be sold or dealt with in any other manner by the executor, the executor may sell or otherwise deal with any property of the estate without the order of the court on such basis and on such terms as the executor may determine; but the executor must make return of such sales as in other cases, unless the sale is made pursuant to Section 239 of this title. If directions are given in the will as to mode of selling, or the particular property to be sold, such directions must be observed. No title passes unless the sale is confirmed by the court, except if the sale was made pursuant to Section 239 of this title, then no confirmation of the sale by the court is necessary.” (Okla. Stat. tit. 58, 462)
Court approval or confirmation of the sale. After the representative is appointed and the heirs, devisees and legatees are determined under Section 240, on a petition with acknowledged written consents of all heirs, devisees and legatees (other than contingent ones) and the others the section lists, the court may order that the representative may sell real property without further judicial authorization, return of sale or court confirmation.
“After the appointment of the personal representative, and, provided that a determination of the identities of the heirs, devisees and legatees of the decedent has been made pursuant to the provisions of Section 240 of this title, and upon the filing of a petition or application, the petition to be accompanied by acknowledged, written consents by all heirs, devisees and legatees, other than contingent devisees and legatees, persons authorized to act on behalf of any heir, devisee or legatee under any legal disability, and personal representatives of the estate of any deceased heir, devisee or legatee, the court may enter an order: ... Authorizing the personal representative to sell, grant, lease, mortgage or encumber any real or personal property including mineral interests, and to execute and issue deeds, leases, bills of sale, notes, mortgages, easements and other documents of conveyance, without further judicial authorization or a return of sale or confirmation of such sale or transaction. Any sale or transaction so authorized shall pass title to the purchaser without being confirmed by the court, notwithstanding any statutory provision to the contrary ...” (Okla. Stat. tit. 58, 239(A)(1))

Pennsylvania (2 quotes)

Who may sell, and on what power. Unless the will provides otherwise, a Pennsylvania personal representative may sell real property not specifically devised, and specifically devised real property with the devisee's joinder.
“Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, any personal property whether specifically bequeathed or not, and any real property not specifically devised, and with the joinder of the specific devisee real property specifically devised.” (20 Pa.C.S. 3351)
Court approval or confirmation of the sale. If a Pennsylvania personal representative is not authorized to sell by the title of Pennsylvania's statutes this section is in, or is denied the power by the will or other governing instrument, or a judicial-sale effect is advisable, estate real property may be sold under orphans' court order after notice it directs.
“When the personal representative is not authorized to do so by this title or is denied the power to do so by the governing instrument, if any, or when it is advisable that a sale have the effect of a judicial sale, he may sell any real or personal property of the estate, including property specifically devised, at public or private sale, or may pledge, mortgage, lease, or exchange any such property, or grant an option for the sale, lease, or exchange of any such property, under order of the orphans' court division of the county where letters testamentary or of administration were granted, upon such terms and upon such security and after such notice as the court shall direct ...” (20 Pa.C.S. 3353)

South Carolina (4 quotes)

Who may sell, and on what power. If a South Carolina will devises real property to the personal representative or authorizes the PR to sell it, then, subject to Section 62-3-713, the PR may execute a deed to a purchaser for value.
“If the will of a decedent devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), then subject to Section 62-3-713, the personal representative, acting in trust for the benefit of the creditors and other interested persons in the estate, may execute a deed in favor of a purchaser for value ...” (S.C. Code 62-3-711(c))
Court approval or confirmation of the sale. Unless the will authorizes otherwise, a South Carolina personal representative may not sell estate real property except under the procedures in Sections 62-3-911 or 62-3-1301 et seq.
“Except where the will of the decedent authorizes to the contrary, a personal representative may not sell real property of the estate except as authorized pursuant to the procedures described in Sections 62-3-911 or Sections 62-3-1301 et seq.” (S.C. Code 62-3-711(b))
Court approval or confirmation of the sale. South Carolina's court-sale Part is the only procedure for the sale of lands by the court, except where the will authorizes otherwise.
“The provisions of this Part are hereby declared to be the only procedure for the sale of lands by the court, except where the will of the decedent authorizes to the contrary.” (S.C. Code 62-3-1301)
Court approval or confirmation of the sale. The South Carolina court may, as the statute provides, authorize the sale of a decedent's real property.
“The court may, as herein provided, authorize the sale of the real property of a decedent.” (S.C. Code 62-3-1302)

Texas (3 quotes)

Who may sell, and on what power. If a Texas will authorizes the executor to sell the testator's property, no court order is needed to authorize the sale, but any particular sale directions in the will must be followed unless a court order has annulled or suspended them.
“Subject to Subsection (b), if a will authorizes the executor to sell the testator's property: (1) a court order is not required to authorize the executor to sell the property; and ... (b) Any particular directions in the testator's will regarding the sale of estate property shall be followed unless the directions have been annulled or suspended by court order.” (Tex. Est. Code 356.002(a)-(b))
Who may sell, and on what power. Unless the Texas Estates Code title specifically provides otherwise, an independent executor may take without a court order any action a court-supervised personal representative may take with or without a court order.
“Unless this title specifically provides otherwise, any action that a personal representative subject to court supervision may take with or without a court order may be taken by an independent executor without a court order.” (Tex. Est. Code 402.002)
Court approval or confirmation of the sale. Except as its Texas chapter provides, estate property may not be sold without a court order authorizing the sale.
“Except as provided by this chapter, estate property may not be sold without a court order authorizing the sale. ...” (Tex. Est. Code 356.001(a))

Utah (3 quotes)

Creditor-claim period. A Utah personal representative may publish a notice to creditors telling creditors to present their claims within three months after the first publication of the notice or be forever barred.
“A personal representative, upon appointment, may publish a notice to creditors announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within three months after the date of the first publication of the notice or be forever barred.” (Utah Code 75-3-801(1)(a))
Creditor-claim period. A claim that arose before the death is barred unless presented within the earlier of the dates the statute lists; one is one year after the decedent's death.
“All claims against a decedent's estate which arose before the death of the decedent ... are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates: (a) one year after the decedent's death; ...” (Utah Code 75-3-803(1)(a))
Who may sell, and on what power. A Utah personal representative is to proceed expeditiously with settling and distributing the estate and, except as otherwise specified or ordered for a supervised personal representative, do so without adjudication, order or direction of the court.
“A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court ...” (Utah Code 75-3-704)

Virginia (2 quotes)

Who may sell, and on what power. If a Virginia will devises real estate to be sold and no person other than the executor is appointed to sell it, the executor has the power to sell and convey that real estate.
“If the will devises real estate to be sold and no person other than the executor is appointed to sell such real estate, the executor has the power to sell and convey such real estate and to receive the proceeds of sale or the rents and profits of any real estate that the executors are authorized by the will to receive.” (Va. Code 64.2-521(A))
Who may sell, and on what power. Unless the will clearly says otherwise, if no Virginia executor qualifies, or those qualifying die, resign or are removed, an administrator with the will annexed may sell real estate devised to be sold.
“Unless a contrary intent is clearly set out in the will, if no executor qualifies, or those qualifying die, resign, or are removed, an administrator with the will annexed has the power to sell or convey the real estate devised by the will to be sold and to receive the proceeds of sale or the rents and profits of any real estate.” (Va. Code 64.2-521(B))

Washington (4 quotes)

Creditor-claim period. If the personal representative gave notice under RCW 11.40.020, a creditor who was not given actual notice and was not reasonably ascertainable is forever barred unless the claim is presented within four months after the first publication of notice; the statute sets other limits for other creditors.
“... a person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor presents the claim in the manner provided in RCW 11.40.070 within the following time limitations: ... (b) If the personal representative provided notice under RCW 11.40.020 and the creditor was not given actual notice as provided in RCW 11.40.020 (1)(c): (i) If the creditor was not reasonably ascertainable, as defined in RCW 11.40.040, the creditor must present the claim within four months after the date of first publication of notice ...” (RCW 11.40.051(1)(b)(i))
Who may sell, and on what power. Except as otherwise provided in Washington's nonintervention chapter, a personal representative with nonintervention powers has the power to sell and convey the decedent's real and personal property.
“(1) Except as otherwise provided in this chapter, a personal representative with nonintervention powers has: ... (c) The power to mortgage, encumber, lease, sell, exchange, convey, assign, and otherwise transfer the decedent's real and personal property; ...” (RCW 11.68.090(1)(c))
Who may sell, and on what power. A personal representative with nonintervention powers may act without a court order and without notice to, approval by, or confirmation by any court.
“(a) A personal representative with nonintervention powers may act without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court; ...” (RCW 11.68.090(2)(a))
Court approval or confirmation of the sale. No sale of estate property may be made except under a court order, unless otherwise provided by law.
“The court may order real or personal property sold, leased or mortgaged for the purposes hereinafter mentioned but no sale, lease or mortgage of any property of an estate shall be made except under an order of the court, unless otherwise provided by law.” (RCW 11.56.010)

Wisconsin (2 quotes)

Who may sell, and on what power. A Wisconsin personal representative who holds unrevoked letters issued by the court may sell, mortgage or lease any property in the estate without notice, hearing or court order.
“A personal representative to whom letters have been issued by the court and whose letters have not been revoked may sell, mortgage or lease any property in the estate without notice, hearing or court order.” (Wis. Stat. 860.01)
Who may sell, and on what power. Wisconsin's informal administration means administering a decedent's estate, with or without a will, without continuous supervision by the court.
“‘Informal administration of estates’ means the administration of decedents’ estates, testate and intestate, without exercise of continuous supervision by the court.” (Wis. Stat. 865.01)

Sources

Every state-specific rule on this page is a word-for-word quote from one of these official state statute pages, with our plain-English summary, checked November 2026.

This page gives general information about probate sales. Rules vary by state, by the will, and by the kind of administration a court allows. Reviewed November 2026; the law can change. This is not legal advice and does not create an attorney-client relationship. Talk to an attorney licensed in the state where the property is about a specific estate.