» Sale of Probate Property

Partition of an Inherited Home After Probate Explained

September 23rd, 2025

After a loved one passes away, their assets usually go through a legal process called probate. Probate helps ensure that the person’s debts are paid and that their assets are passed on according to their will or Ohio law. Sometimes, more than one person inherits the same property, like a family home. When this happens, disagreements can arise about what to do with that home. If the co-owners cannot agree, the next step might involve something called a partition of an inherited home.

At Gudorf Law Group, LLC, we often help families navigate the partition of inherited property in Ohio. This can be a stressful and emotional time, especially if the property has sentimental value. Understanding how partition works and when it becomes necessary can help you make informed choices and protect your best interests.

What Does Partition of Inherited Property Mean?

Partition of inherited property is a legal process used to divide jointly owned property among heirs or beneficiaries. In Ohio, if two or more people inherit a home and can’t agree about what to do with it, any one of them can file a lawsuit to forc… Read More

Selling Property in a Probate Case

June 5th, 2017

One of the many duties of an executor or administrator of an estate is the management of the deceased person's property. Sometimes, that management involves the sale of property. How, exactly, does one go about selling property in probate that belongs to a decedent's estate?

First things first: unless you are the executor or administrator (also known as the personal representative of the estate), you don't sell or transfer any of the property of the estate. You could find yourself in legal trouble if you do. If you are the personal representative, the procedure for selling property depends partly on the circumstances and partly on the type of property.

Does the Will Give Authority to Sell Property?

If the deceased person's will authorizes the personal representative to sell real or personal property, the personal representative need not seek court approval prior to the sale. Ohio probate law, specifically Read More

Estate Sales and Probate in Ohio

January 31st, 2017

One of the duties of an executor (also called an administrator) of an Ohio probate estate is to manage the deceased's personal property. Depending on the circumstances, this may call for liquidating or selling some property. This often takes place via an estate sale.

While estate sales may be held for other reasons besides the death of a property owner, such as a move, they are a common way of disposing of personal property when someone has passed away. What restrictions are there on executors with respect to conducting an estate sale in Ohio?

Ohio Law Regarding Estate Sales

An executor must get permission to conduct an estate sale. If the probate court is satisfied that conducting a sale would be in the best interests of the estate, it will authorize the executor to carry out a sale. The estate sale may happen at any point in the probate process, and may be private or open to the public.

So far, so good. But an executor can't put just any estate property up for sale. If there is property that has been specifically bequeathed to someone, that property may not be sold (unless estate debts are such tha… Read More