Generally, an independent executor may sell estate property (real or personal) if funds are needed to pay expenses of administration, funeral expenses, expenses of last illness, and to satisfy claims against the estate.  If the real property is not being sold for one of these purposes, the independent executor must have express authority in the will (in other words, the will must specifically state that the independent executor has the power to sell estate property) in order for the independent to have authority to sell the property.  Most well-drafted wills contain this power, but many wills do not, and this can be a trap for the unwary independent executor.

Last updated on January 6, 2011 by Glenn Karisch