Is a License to Sell necessary if there is an Adminstratrix appointed?
Generally, title to real estate “passes” to the intestate heirs (or devisees under the will) at the time of death, subject to a right in the fiduciary to reach the value of the real estate under certain circumstances (e.g. debts and estate expenses exceed other assets). To the extent that all the beneficiaries and the fiduciary (e.g., administratrix) join in a deed, there is less of an issue from the buyer’s perspective. However, a fiduciary is often protected by the nature of a License to Sell from later claims by creditors or beneficiaries that a sufficient price was not obtained for the real estate.
