Q: Can an Executor sell Real Estate with a mortgage before Estate is closed? Spouse has document, notarized stating that she is entitled to 1/3 ownership. Name is not on Deed.
A: An executor can sell real estate which is mortgaged, before the estate is closed. Any balance owed on the mortgage would come out of estate assets. Normally, the buyer’s title company will need clean title which would involve the heirs of the estate being in agreement with the terms of the sale and by signing a Family Agreement or signing off on the deed to memorialize their consent. If your wife is claiming an interest in this house, she needs to inform the attorney for the estate. As far as a notarized document, I have no idea what to advise you unless I would see it. Perhaps you and she should seek the opinion of an attorney.