Blog 
Trust Litigation & Probate Litigation
- Six Steps for Proving Fraud When Contesting a California Will
- California Will Fraud: What Happens When Your Loved One Was Victimized
- San Diego Probate Lawyer: Shifting the Burden of Proof
- Where to Look for Trust Mistakes, by a San Diego Probate Attorney
- San Diego Probate Attorney Asks: Who’s the Boss?
Probate and Trust Administration
- What Remedies Are Available After California Trustee Theft?
- Riverside Trust Attorney: Trustee’s Obligations to Provide Notice
- San Diego Trust Lawyer: How to Obtain an Appointment as Administrator
- Riverside Trust Lawyer: Obtaining an Appointment as Executor
- Don’t Make These Trustee Mistakes, Says Riverside Probate Attorney
General
News
Tupac Coachella Image Raises California Estate Administration Issues...
Posted on 5/4/2012
California Lawsuit Against Executor of Famous Producer’s Estate Fails...
Posted on 4/13/2012
California Beneficiary Wins Award of Nearly 20 Million Against Trustee...
Posted on 4/3/2012
Whitney Houston Estate Administration “Straightforward”...
Posted on 3/26/2012
Singer Etta James Dies at 73; $1 Million Estate Possibly in Probate...
Posted on 2/4/2012
New 2012 Legislation AB 1305 Impacts California Probate...
Posted on 1/17/2012
Estate Planning and Incapacitating Chronic Illness in California...
Posted on 11/16/2011
California Raises Limit For Small Estates Procedure to $150,000...
Posted on 11/2/2011
The Simplified Procedure to Transfer Estates in California...
Posted on 11/1/2011
What Does A California Transfer Agent Do?...
Posted on 10/24/2011
Library
Probate and Trust Administration
- What to Do When a San Diego Trustee Steals from the Estate
- San Diego Trust Lawyer: Understanding the Role of the Administrator
- Riverside Trust Attorney: Ten Steps to for a Successor Trustee to Take
- Riverside Trust Lawyer Describes the Duties of an Executor
- Riverside Probate Attorney on Duress: Why Trusts Get Attacked, Part 2
San Diego Probate Attorneys Explain the IAEA and Probate Real Estate
In some cases, the executor or administrator will not have the authority to sell real estate without express permission from California probate court. In others, the executor administrator is granted full permission to sell real estate without court approval. Why is this the case?As the executor or administrator of a probate estate, the level of authority you are granted in administering most aspects of the decedent’s estate is designated by probate court in accordance with the Independent Administration of Estates Act (IAEA). A major aspect of the legislation relates to the sale of real estate in probate with or without court supervision.
Authority to administer the estate without court approval can be granted:
- By the decedent’s will
- By the court, upon petition
Likewise, the decedent’s will can bar distribution under the IAEA, or an interested party can petition the court to refuse implementation of the IAEA with good cause.
On the whole, selling real estate from an estate in probate can create more complications than the process is worth. Our firm recommends that, if our clients want to sell any asset in a probate estate, they first discuss it with their attorney.
Are you the executor or administrator of a probate estate who is trying to determine if the sale of real property is in the best interests of your beneficiaries? The San Diego probate lawyers at The Grossman Law Firm offer San Diego probate, trust administration, will contests, and trust litigation services. If you’re ready for a free, 30-minute consultation with one of our attorneys, call us toll-free at 888-443-6590, or schedule an appointment with our quick online contact form today.
Also request your copy of Scott Grossman’s essential FREE book and DVD Probate A Will Or Administer A Trust After The Death Of A Loved One.
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Trust Litigation & Probate Litigation:
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How To Get a Copy of a Trust in Riverside, CA
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Trust Litigation & Probate Litigation
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