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Short answer

Yes — often you can sell a decedent’s house while the estate is in probate in Ohio, but you must follow probate rules and deal with the mortgage lien. Whether a sale can go forward, how it is approved, and who pays the mortgage depends on how the property is owned, whether the will gives the personal representative authority to sell, and the estate’s available funds. Ohio’s laws governing decedents’ estates are found in the Ohio Revised Code (Title 21): https://codes.ohio.gov/ohio-revised-code/title-21.

Detailed answer — what you need to know (step‑by‑step)

1. Who legally owns the house?

• If the house was owned jointly with right of survivorship (joint tenants or tenants by the entirety), it usually passes outside probate and the survivor becomes the owner; probate normally does not control the sale.
• If the house is owned by a revocable trust, it passes under the trust (not through probate) and the trustee handles any sale.
• If the house was owned solely by the decedent, it becomes estate property and the personal representative (executor or administrator) handles disposition under probate procedures.

2. Does the personal representative have the authority to sell?

Many wills give the named personal representative (executor) express power to sell real estate. If the will grants that power, the probate court still oversees the administration but the representative usually can sell under the authority granted by the will and court appointment. If there is no express power, the personal representative generally must ask the probate court for permission to sell real property as part of estate administration.

Because Ohio probate rules and local courts vary in practice, representatives commonly file a motion or application with the probate court asking for authority to sell and for instructions about how proceeds will be handled.

3. Mortgage lien stays with the property unless paid

A mortgage creates a lien on the property. A sale will not eliminate the lien unless the mortgage is paid off at closing (the lender issues a release) or the buyer assumes the mortgage and the lender agrees. Practically, most closings use sale proceeds to pay off the mortgage, so the lender’s lien is satisfied before any distribution to heirs.

4. How closing typically works in probate sales

1. Inventory and valuation: The personal representative inventories estate assets and often obtains an appraisal or market value estimate.
2. Court approval (if required): If the representative needs court authority to sell, the court may require notice to heirs and a hearing or may approve a realistic sales procedure.
3. Contract and lender communication: The representative signs a purchase agreement for the estate property (with court approval if required) and communicates with the mortgage lender about payoff amount and any requirements (for example, payoff demand, mortgage satisfaction form, or lender consent if buyer will assume debt).
4. Closing: At closing, the mortgage payoff is usually paid from sale proceeds; the title company or closing attorney obtains a payoff statement and records a mortgage satisfaction so the buyer receives clear title.

5. What if the estate lacks cash to keep the mortgage current or to complete sale requirements?

If the estate lacks funds to maintain or market the house, two common outcomes arise:

• If mortgage payments stop, the lender may begin foreclosure. The probate representative must decide whether to defend, pursue alternatives (short sale, deed‑in‑lieu), or allow foreclosure.
• If the estate is insolvent (debts, including the mortgage, exceed assets), Ohio probate law sets priorities for creditors. The representative may petition the court to administer the estate as insolvent and follow the procedures for distributing limited assets toward creditor claims.

6. Alternatives when a mortgage remains:

• Payoff at closing from sale proceeds — most common.
• Lender approval of an assumption by the buyer — buyer takes over mortgage, subject to lender approval.
• Short sale — lender consents to accept less than full payoff; requires lender approval and often court review in probate context.
• Deed in lieu of foreclosure — owner/representative conveys title to lender to avoid foreclosure; lender must accept.

7. Practical issues to expect

• Title issues and creditor notices: Probate courts often require notice to known creditors, and title work must show all liens.
• Sales commissions and closing costs usually come out of sale proceeds as administration expenses.
• Probate timing: court approvals and creditor waiting periods can slow the sale compared with a normal real‑estate transaction.

Typical scenarios and how they play out

Scenario A — Decedent owned house outright; mortgage balance lower than expected value

The personal representative gets court authority (if necessary), lists the house, accepts an offer, closes. The closing uses sale proceeds to pay the mortgage payoff, payoff is recorded, and remainder is deposited to the estate for payment of other expenses and distribution to heirs.

Scenario B — House is underwater (mortgage exceeds market value)

The representative may seek a short sale (lender approval needed) or let the lender foreclose. If the estate is insolvent, the probate court and the representative will follow Ohio’s creditor‑priority rules when distributing any proceeds.

Scenario C — House held in joint tenancy

The surviving joint owner typically owns the property free of probate; but the mortgage still exists and the survivor must keep paying, refinance, or negotiate with the lender.

What you should do next (practical checklist)

• Confirm how title is held (trust, joint tenancy, sole ownership, etc.).
• Locate the mortgage documents and contact the lender for a current payoff statement and for the lender’s procedures when a borrower dies.
• Check the will for any sale powers given to the personal representative.
• Talk with the probate court clerk where the estate is filed to learn local filing and hearing requirements.
• Consider consulting a probate or real estate attorney to prepare necessary motions and to handle lender negotiations (short sale, assumption, deed in lieu, or foreclosure defense).

Where Ohio law matters

Ohio Revised Code contains the rules for administering decedents’ estates (Title 21). The probate court oversees the appointment of personal representatives, inventory requirements, notice to creditors, and approval of sales of estate real property. See the Ohio Revised Code — Title 21 (Decedents’ Estates): https://codes.ohio.gov/ohio-revised-code/title-21.

When selling without probate involvement is possible

Outside-probate options include transfers by right of survivorship, transfer under a trust, or transfers via beneficiary deed if one exists. If any of these apply, the mortgage still must be dealt with even though probate is not required.

When you should get a lawyer

Talk to an attorney if:

• You are the personal representative and the estate has a mortgage or multiple creditors;
• The estate is or may become insolvent;
• You need to petition the probate court for authority to sell real property;
• You want to negotiate a short sale, deed in lieu, or assumption with the lender; or
• Title or ownership is unclear.

An attorney can prepare the necessary filings, help negotiate with the lender, and ensure the sale follows Ohio probate rules.

Helpful Hints

• Get the mortgage payoff early. Lenders give payoff statements that include precise payoffs and expirations.
• Check title early. A title search reveals liens or judgments that must be cleared before sale.
• Document communications with the lender in writing.
• Keep careful records of all estate income and expenditures — sales proceeds, mortgage payoffs, repairs, and commissions are part of the estate accounting.
• Ask the probate court clerk whether your proposed sale will require a hearing or an appraiser’s report.
• If you expect a short sale, start lender negotiations as soon as possible — they can take weeks or months.
• If you are a surviving joint owner, don’t ignore mortgage notices — foreclosure can still occur for missed payments.

Disclaimer: This article explains general Ohio law and common probate practices to help you understand options and steps. It is not legal advice. For advice about your particular situation, contact a licensed Ohio attorney who can review the facts and file any necessary probate motions or court paperwork.