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?


Asked on 1/23/07, 12:32 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 1/23/07, 12:43 am


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