In some cases, the executor or administrator will not have the authority to sell real estate without express permission from California probate court. However, 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. This is in accordance with the Independent Administration of Estates Act (IAEA). Furthermore, a major aspect of the legislation relates to the sale of real estate in probate with or without court supervision.
How to escape court approval
You can be granted the authority to administer the estate without court approval:
- 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. Moreover, if you want to sell any asset in a probate estate, first discuss it with your attorney.
Are you the executor or administrator trying to determine if selling real property is best for your beneficiaries? The probate lawyers at The Grossman Law Firm offer San Diego probate, trust administration, will contests, and trust litigation services. Set up 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 FREE book and DVD. Probate A Will Or Administer A Trust After The Death Of A Loved One.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307