Generally no, not without court-granted authority. You typically need to be formally appointed as executor or administrator, and in many states you also need specific court approval for the sale itself, before you can legally transfer title, even if the will clearly names you as the intended seller.
Why probate has to move first
Title to a deceased person's property does not automatically pass to heirs the moment they die, it passes through the probate process, which confirms the will, appoints an executor or administrator, and gives that person legal authority to act on the estate's behalf. Until that authority is granted, no one, including a named heir, has the legal standing to sign a valid purchase agreement transferring the property.
Independent administration vs. supervised probate
Some states allow independent administration, where an appointed executor can sell estate property without seeking court approval for every step, once they hold letters testamentary or letters of administration. Other states require supervised probate, where the court must approve the sale price, the buyer, and sometimes hold a confirmation hearing before the sale can close. Which category your estate falls into significantly changes your timeline.
Can you list the home during probate, even if you cannot close yet
In most states, yes. You can list the property, market it, and even accept an offer contingent on probate court approval, while the underlying legal authority is still being finalized. This lets you avoid losing time entirely, as long as the contract is written to reflect that the sale depends on court confirmation. A confirmation hearing can sometimes raise the final price 5 to 10 percent if a higher bidder appears at the hearing, which is one reason some agents price probate listings slightly below comparable market value.
What buyers should expect
Buyers purchasing a probate property should expect a longer timeline and, in supervised states, the possibility that a higher bidder can appear at a confirmation hearing and outbid the original accepted offer. This is standard in probate sales and worth explaining upfront so an accepted offer does not fall through from surprise.
How long the underlying probate process usually takes
Straightforward probate, an uncontested will, one or two heirs, no unusual debts, commonly wraps up in a matter of months in independent-administration states, while contested wills, multiple creditors, or out-of-state property can stretch a case well past a year. Attorney fees for a straightforward case often run in the $3,000 to $6,000 range, though contested or complex estates can cost considerably more. Ask the estate attorney early for a realistic estimate specific to your county, since probate timelines vary significantly by jurisdiction even within the same state, and that estimate should drive your decision about whether to list now under a contingent contract or wait for full authority.
When to bring in an estate attorney
If there is any ambiguity about who has authority to sell, if there are multiple heirs who disagree, or if your state requires a confirmation hearing, loop in a probate attorney before you sign anything. Selling without proper authority can create real legal exposure for whoever signed the contract.
See our complete guide to selling an inherited or probate house for the tax basis step-up and how to weigh a cash offer against listing once you have authority to sell.
Bottom line
You almost always need formal probate authority, executor or administrator status, before you can legally sell, though many states let you list and even go under contract earlier if the deal is structured as contingent on court approval. Confirm your state's specific probate sale rules with an attorney before you put a sign in the yard.