239 Sales

Can property be sold from the decedent’s estate during probate? In short, yes! Read on to learn how.

When a person passes away, certain property that they owned becomes part of their probate estate. The deceased person is called the “decedent.” Probate is the process by which the district court administers and distributes the decedent’s estate upon their passing.

During probate, the Personal Representative is responsible for administering the estate, paying creditors, selling property, and distributing assets. In this post, we’ll focus on the Personal Representative’s responsibility to sell property from the estate.

The Personal Representative may want to sell property from the decedent’s estate for a number of reasons. For example, if all heirs want to sell the decedent’s house, it may be easier to sell it during the probate process as opposed to waiting until the probate is completed. Sometimes the Personal Representative has to sell property of the estate to pay creditors.

In order to sell property from the estate during probate, the Personal Representative will need to do so through something called a “239 Sale.” The reason it is called a “293 Sale” is because the Oklahoma statute that allows it, is numbered 293. At a certain point during the probate process, the Personal Representative will file a Petition with the court requesting a 239 Sale. All heirs, devisees, and legatees of the decedent’s estate will need to consent to the sale of the property. Once all of the consents are filed, the judge will issue an Order approving the 239 Sale, at which point the Personal Representative can sell the property in question.