Legal Question in Real Estate Law in California
real estate deeds
If only two out of three co-executors sign a deed, is the title of the deed still valid, and where is this stated in law code?
1 Answer from Attorneys
Re: real estate deeds
I believe this question would get more and better responses if asked under a wills, trusts and estates heading, or probate law, but I may have an answer for you:
Probate Code section 9630(a)(2) says:
"When there are more than two personal representatives, a majority must concur to exercise a power."
I would take this to mean that a deed executed by two of three is preumptively valid, possibly subject to a showing of fraud or some other irregularity.
I suggest you look up Probate Code section 9630 and read the whole section, and perhaps a few preceding and following sections, to get a sense of the context of the brief passage quoted here.