It is my understanding (That's my "CYA"):  

Depending upon the particular state law and the specific situation, the executor of the estate, with approval from the probate court, can sell the decedent's real estate (along with other personal property).  

I believe one of the main criteria needed is that the property owner died testate (with a will) naming their heirs.  This can help clear the way for the executor/court to make such a decision.

Often, for the decedent's estate to pay all creditors (which is one of the goals of the probate process), cash must be raised, so selling property is needed, creditors paid; Then probate can be closed.

I'd say give it a try, Candice.  Sounds like your friends don't mind calling the grieving heirs, somewhat shortly after the death.  I'll bet FINDING an estate with willing heirs is the hard part.

IMHO :)

"Ghouling Executor for Dollars"  (In this case Real Estate)

Oldest trick in the book ,A "non-arm's-length" transaction to take less.

Trick or Treat...

I'd think the assigned probate judge would need to be petitioned for approval of any sale.  Might take a week; might take 3 months.

My experience has been at least 2 weeks..  But, I'm sure that can change from state to state.

Let us know how it goes, Candice!!!  :)

I have 2 experiences with probate.

One was making an offer that had to go to probate before a judge because the owner was incompetent to make a decision.  So the probate lawyer gets the offer...Doesn't respond nor do they counter.

It goes before the judge.  It take about 2 weeks or longer to get it on the docket for the judge to make a decision to accept the offer at the hearing. Than thats it....The strange part is how many offers are out there..no opportunity to counter...unless you want to make another offer if the agent will tell you there is another offer on the table.  It basically goes to the highest offer....Now has someone figured out a way to know about all this.....I would think a sellers' agent???????

My buyer did not get the house but the seller who was a dual agent got both sides.  My buyer got a bad taste in his mouth on that one.

Is this like knowing the banks and getting foreclosures...now you know the lawyers that work probate????  I not getting the how too???

2nd experience is a had a listing that went   to probate to clear up the estate.  here again an offer comes in than the court date is set and the judge decides on the disperment of fund and whether the offer will be accepted.  Offer is contingent on probate accepting

the offer after the heirs agree.  There was no will.

My question is has any court judge...countered an offer.

Or is it only a yah or nah?

My two experiences with Probate were hindered/delayed not by a court, but by our state (MA) Department of Revenue.  The issue being the value of the ENTIRE estate and whether or not it was subject to an estate tax.  Both required multiple calls to the DOR, long hold times, trips to Probate Court to obtain copies of all documents and two trips to Boston with the records to get a stamp on one form.

And in BOTH cases, all heirs were in agreement!  I shudder to think how much work would have been involved if they didn't.