A license to sell is where permission needs to be received from the courts to sell a piece of property. There are two common situations where this will arise. The first, is when a property is in probate and the administrator/ executor feels it is in the best interest of the estate to sell the property. The second is when a guardian has been appointed to act on the behalf of someone who is incapacitated. Again the courts need to approve the sale.
In both cases, it needs to be shown that the sale is in the best interest of the parties involved.
There's a lot of variables; I would keep digging.
A) Are all the estate heirs/trustees alive? You don't want to have multiple probate issues.
B) Are all the estate heirs/trustees in state? Keeps you from having to go through multiple states.
C) When was the last time the house passed title to a non-family member? If it's over 60 years, that could get complicated.
Those are your early warning detectors.
I just found out from our atty that they do indeed need to acquire the license. We are bumping out our closing dates to the end of May in the P&S. Thanks for you help, it makes sense now. Keep up the good work! :)
From what I've found in our research, the owners have been there since about 1973 when they bought it (for $19,000 - the good ol' days eh?). I am under the impression it was left the owners daughter in a will, but maybe with not enough wording saying they can sell. I think it was just left to one woman (the daughter). They live in Worcester as well. So, it seems pretty cut and dry according to what you've mentioned and others. I think we'll be ok - I'd just hate to do all this to find out they can't get the license... We'll see though. I'll let you all know how it works out in the end.
Thanks again - I appreciate it.
Thank you both - I have asked my agent/ atty for some more information. Kevin, we have not yet signed our P&S which is why I ask. I want to be sure we won't be stuck sitting on this for months waiting for the seller...
My agent has talked to the seller's agent who says this can be done within a month - we'll be able to close by the end of may. Sounds ok to me so far. It seems pretty straight-forward. The executrix was left the property when the owner apparently went to live elsewhere. Within the last few months, the owner passed away.
Anyway, thank you all. It makes more sense now.