In a Sale
What This Means When the House Is Being Sold
Families sometimes bring conservatorship paperwork to an estate sale after the person has already died, expecting it to still apply. It does not. A conservator's authority is over a living person's affairs, and once that person dies the conservatorship ends completely, and a different appointment is needed before the house can be sold at all.
Where the sale happens before death, while someone is still under conservatorship, a different set of rules applies, often requiring its own court approval before the property can even be listed, let alone sold, similar in spirit to a probate sale.
Compare
Not to Be Confused With
- This TermConservator
- Often Mistaken ForPersonal Representative
- Often Mistaken ForAttorney in Fact
- Often Mistaken ForSpecial Administrator
What Tells Them Apart
A conservator manages property for a living person and the role ends at death. An attorney in fact acts under a power of attorney, also only while the person is alive. A personal representative is the role that takes over managing the estate afterward, and it requires a wholly separate appointment. A special administrator sometimes bridges the two, handling urgent matters first.
Questions
Questions People Ask
Does a conservatorship end when the person dies?
Yes. A conservator's authority is over the living person's finances and property, and it ends at death. Selling the person's house afterward requires a personal representative to be appointed through probate, or authority from a trust if one exists. An attorney can explain what comes next.
Can a conservator sell the conservatee's house while they are alive?
Often yes, but usually only with the court's approval first, and the process can resemble a probate sale in its own right. The conservator generally cannot simply list and sell without going back to the court. The attorney handling the conservatorship can confirm the required steps.