For an executor to authorize a real estate sale as part of the probate process, they typically need specific documents or approvals from the probate court to present to the closing company. These include:

Letters Testamentary or Letters of Administration

These documents formally appoint the executor (or personal representative) and grant them the legal authority to act on behalf of the estate. The closing company will need a certified copy of these letters to confirm that the executor has the authority to sell the property.

Court Order of Approval (if required)

In some cases, the executor may need specific court approval to sell the property. This can occur if:

1. The will does not explicitly authorize the sale of property.

2. State law or probate court procedures require court approval for any real estate sale.

3. Beneficiaries or interested parties object to the sale or if the property is being sold for a lower price than its appraised value.

In these situations, the executor would provide a court order or a Notice of Proposed Action (if applicable) showing that the court has approved the sale.

Certified Copy of the Probate Court Order (if required)

If the court has issued an order approving the sale, a certified copy of this order will need to be provided to the closing company.

Affidavit of Authority

The executor may need to provide an affidavit affirming their authority to sell the property, particularly if the sale could be questioned or if the title company requires additional assurance.

Notice of Proposed Action (if applicable)

In some states, the executor must provide a Notice of Proposed Action to the beneficiaries, giving them a chance to object to the proposed sale. If there are no objections within the statutory period, the executor can proceed without further court approval.

The specific requirements can vary depending on the details of the probate case. It is always advisable for the executor to consult with a probate attorney to ensure they have the necessary documents and authorizations to facilitate the real estate transaction smoothly.