Cedar Lane, TX Estate Planning Law Firms & Lawyers

Yes. If the house is still in probate, the ordinary and usual way to sell is for the personal representative (administrator) to petition the court for approval of the sale. Consent of all 6 not required. If it already is owned of record by 6 owners, they can file a suit for partition, and the court will order sale.

First, I need to clarify some terminology. An executor is the person designated to handle the financial affairs of a person who died with a will. A personal representative does the same thing for a person who died without a will. Because you used the word executor, I'm going to assume that your mother died with a will. If one sibling has been named the executor of your mother's will, and the other siblings do not believe that sibling is qualified for an ethical or legal reason, the siblings may file what is known as a will contest to disqualify that named executor and have someone else named as the executor. There are specific reasons to disqualify someone from being an executor, and it's a good idea to seek counsel from a local attorney for more information about how to proceed.

Give the Bank what they want. It is not worth fighting with them. Just calling your attorney has cost you more than the cost of the death certificate. Many institutions will require the death certificate.