Three ways an executor gets authority to sell
The route matters more than anything else in a probate sale, because it sets the paperwork, the minimum price and the timeline.
| Route | What it takes | Minimum price | Typical pace |
|---|---|---|---|
| Power of sale in the will (R.C. 2113.39) | A will that grants the power, and a qualified executor | None set by statute | Fastest; no court order needed |
| Consent sale (R.C. 2127.011) | Written consent of the surviving spouse and all beneficiaries or heirs, filed with the court | 80% of the appraised value in the approved inventory | Waits on the inventory and the signatures |
| Land sale action (R.C. 2127) | A civil action in probate court, with every interested party served | Private sale: the full appraised value | Slowest; a court case with its own schedule |
Check the will first. Many wills drafted by Ohio attorneys include a power of sale, and R.C. 2113.39 lets the executor sell for any purpose the executor judges to be in the estate’s interest, unless the will limits it. The buyer’s title company will still ask for a certified copy of the will and the letters of authority to confirm the power exists. An administrator, who serves when there’s no will, never has that power and must use one of the other two routes.
When every heir signs: the R.C. 2127.011 consent sale
The consent sale skips a lawsuit. The executor or administrator may sell at public or private sale if the surviving spouse and all legatees and devisees (or, with no will, all heirs) consent in writing and the consents are filed in probate court. Two limits apply:
- The 80% floor. The price must be at least 80% of the appraised value shown in the approved inventory. Until the inventory is filed and approved, that number doesn’t exist, which is the most common reason these sales wait.
- No minors. The route isn’t available if the spouse or any heir or beneficiary is a minor, because no one can consent for a minor.
If one heir won’t sign, the consent route is closed. Our page on selling an inherited house when heirs disagree covers what happens next.
When the court has to order it: a land sale action
If personal property won’t cover the debts, the family allowance and the costs of administration, R.C. 2127.02 requires the executor to file a civil action in probate court for authority to sell real estate. It’s also the route when consent fails and the will gives no power.
The complaint must name the surviving spouse, the heirs and devisees, every mortgage holder and lienholder, and anyone else with an interest (R.C. 2127.12). The court can rely on the inventory appraisal or order a new one by disinterested appraisers. Under R.C. 2127.33, a private sale can’t go below the appraised value, and a public auction of improved property must bring at least two-thirds of it. A public sale also has to be advertised before it is held. Contracts in these cases are usually signed subject to court confirmation.
Clocks that run during probate
Two deadlines shape when a sale makes sense. Creditors must present claims within six months of the date of death, or they’re barred (R.C. 2117.06). The fiduciary’s final account is due within six months of appointment unless the court allows an exception or extension. A house that sits empty through those months still costs the estate taxes, insurance and utilities, and our guide on how long probate takes in Ohio lays out the typical stages.
The probate court for the county where the person lived handles the estate:
- Summit: 209 S. High St., Akron
- Stark: 110 Central Plaza South, Suite 501, Canton
- Portage: 203 W. Main St., Ravenna
- Medina: 225 E. Washington St., 4th Floor, Medina
Each has its own forms and habits; see the Summit County probate court guide for that court’s real estate steps.
Before you sign a purchase agreement
Wait until the court has appointed you and issued letters of authority, because a contract signed before then may not bind the estate. The letter of authority guide explains what that document is. If there’s no sale at all and the house simply passes to the heirs, that’s a certificate of transfer, which the inherited house page covers. When the estate is ready for a number, send us the address and the estate details, and include your attorney’s contact if you’d like us to work through them.
