Testamentary Power of Sale Law and Legal Definition

Testamentary power of sale is the power of sale of property of a decedent conferred upon the executor of the estate of the decedent by his will. The only duty of an executor granted an unrestricted testamentary power of sale regarding real estate is to account for the proceeds of the sale. [In re Estate of Fleisch, 1996 Ohio App. LEXIS 4166 (Ohio Ct. App., Hamilton County Sept. 25, 1996)].