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By: Scott Grossman on June 18th, 2018

Partition: Is it the right action for me during or after a California probate administration?

Under California law, an action for partition is available to co-owners of property who want the court to divide real estate in an equitable manner among the parties. California probate or trust administrations often result in real estate being owned by multiple parties who otherwise would not choose to purchase or own property together. When this happens, the estate is ripe for disputes.

Considering whether an action for partition is right for you, carefully assess the following questions:

  1. First of all, are you disputing the executor’s division of the property?
  2. Furthermore, are you disputing the division of proceeds from the sale of property?
  3. Are you disputing the right of another co-owner to sell the property?
  4. Additionally, do you have an interest in the property?
  5. Is there anything in the will or the trust of the deceased that addresses the issue of partition?
  6. Are you in disagreement over how the property is being used?

Key Terms

  • Executor (noun): Person named in a Will as the person who will make sure that the instructions in the Will are followed. They are responsible for executing the Will, and are either appointed by the court or by the deceased person. They are responsible for taking care of a deceased person’s financial obligations. Financial obligations include disposing of property and paying bills and taxes. The executor must also make certain that the deceased last wishes are carried out according to the Will.
  • Litigation (noun): Litigation is the act or process of bringing a lawsuit to enforce a particular right. This can include Will contests, Trust Litigations, and Probate Litigation.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.