Legal Question in Real Estate Law in California

Re: real estate sale

I too am a little uncertain whether we're talking probate or trust administration here, because you mention both "executor" and "trustor" (I think you meant "trustee") in your question.

A second-in-line executor (or trustee) is very different from a co-executor or co-trustee. Being second in line you have no power or authority, merely the right to step into the role if the first-in-line person dies, refuses to serve, etc.

If you were a true co-executor, the two of you would have to concur to exercise a power (Probate Code section 9630(a)(1), with limited exceptions set forth in subsections (b)(c) and (d)).

In the case of co-trustees, it depends upon the terms of the trust, but if the trust is silent, all trustees must act unanimously. Probate Code section 15620.

Re: real estate sale

If there are executors, there is a probate (court proceeding) and the sale will have to be approved by the court. If you object you can raise your objections in the probate. If it is a trust estate and your sister is the Trustee and your the successor or co-Trustee, it depends upon the terms of the trust document.

Re: real estate sale

No, the sale must be approved by the Court. I assume that this is a probate since you said that your sister is the executor.

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