How To Sell A Property In Probate In CA

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How to sell a property on California certification?

If you are looking for information on " How to sell a property for probate In California, or elsewhere quickly, the best approach is to get an IAEA approved sale. (Do not forget that we do not give legal advice.) Consult a competent local lawyer.) This approach gives you the most freedom to choose the selling method of your property. Often, the court will slow down the process considerably if you do not have the sale approved by the IAEA.

What is the law on the Independent Administration of Estates (IAEA)? Why is it important if I want to quickly sell a property in California California?

These laws, which are abbreviated as IAEA, allow a personal representative to administer some or most of the deceased's property. The law was created to streamline the process of selling probate, help settle estates faster and help sell a probate property faster. Any personal representative may apply to a court for authority to sell the estate without having to go through the long and usual licensing process. This is usually done when the approval procedure is open, but can be done at any time. (Cal Code Prob, sections 10400 and following). If the court assigns authority through what is called Letters of Will , some steps may change for the approval process. At this point, the court waives most or all of the oversight of the sale.

What is the difference between a limited authority and a total authority? Will this affect the way I can sell a property in a property that is tested or inherited?

If you have limited power, you can perform most actions without court approval. You can not sell or real estate option without judicial supervision with limited authority. You also can not trade or borrow money for property without judicial review with limited power.

If you have full authority, judicial review is only required if the personal representative or the estate attorney is the principal purchasing the property, or if an objection is made to the notice of proposed action (to sell the property). (Cal Prob Code Section 10501 (a)).

Does the court decide prices and conditions when real estate is sold under the IAEA in CA?

Under the authority of the IAEA, as a director, you do not need to get the court approval. The sale can be cash or on conditions.

Is the administrator or the personal representative supposed to inform the heirs of the sale? If so, how do the goods inform the parties?

Yes. The personal representative must file a "notice of action brought" to inform the heirs. The personal representative must notify the sale to the following persons, unless they have given their written consent to the sale.

  • Everyone named in the will
  • Each heir is legally entitled to part of the estate
  • The Attorney General if all or part of the property goes to the state
  • Other parties such as creditors or persons with a beneficial interest in a trust

How to notify the appropriate parties:

1. Fill in the form "Notice of project". You can get them by going to court and asking for the form, or more easily, by downloading an online form. Just search on your local court's website and they probably have one in PDF format. If they do not have one online, the court will have one to send you by mail or the court may print a copy.

2 Mail or personally deliver the notification with all the appropriate attachments to each person at least 15 days before the date specified in the notice of action brought.

You can not post or deliver the documents yourself – you must have the mail or delivery done by another person.

The people who need to be notified are:

Each creditor (if the deceased had a will) whose interest in the estate would be affected by the proposed action;

Each heir (if the deceased had no will) whose interest in the estate would be affected by the proposed action;

Each person who has filed a request for a special notice; and

The Attorney General, if part of the estate ceded to the state of California, and his interest would be affected by the proposed action.

You may also (and it is recommended to do so, if possible) arrange for each of the persons who receive the notice of proposal to date and sign the "Consent to the proposed action" .

3 The person who posted or delivered the notice must complete a proof of service. This is a simple form and can be found easily online.

How can a recipient of the proposed Notice of Action object to the sale?

Any person required to receive the proposed Notice of Action may object to the sale by delivering or posting a notice to the Personal Representative.

An opposing party may also request the court's decision to prevent the personal representative of the sale without judicial review. The court must grant the request and may do so without informing the personal representative.

If the personal representative has full authority under the IAEA, should the sale take place under these conditions?

No, you are not obliged to administer the estate under these laws. There are, however, benefits to administering the estate under these laws. It is usually faster, there are fewer restrictions and more freedom in the administration of an estate under these laws.


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