Legal Question in Wills and Trusts in California

As the Administrator of the estate with full authority, do I need to have the court's or heir's permission to sell personal properties of the decedent (liquidation etc.)?


Asked on 2/14/11, 10:26 pm

2 Answers from Attorneys

Frankie Woo Fiducia Legal

You would need to give them a notice of proposed action to all heirs, unless they waive the notice. If they disagree with the proposed action, they may object by sending the administrator a written objection. Once objection is received, administrator would then need confirmation by the court of the proposed action.

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Answered on 2/14/11, 11:31 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

With full authority under the Independent Administration of Estates Act, you do not need to obtain the court's permission before taking action to sell the personal property of the decedent. You should, however, provide notice to the beneficiaries. There is a judicial council form that is utilized for this notice. You can find it at: http://www.courtinfo.ca.gov/forms/fillable/de165.pdf.

The beneficiaries then have an opportunity to object to or approve the action. Where full authority has been granted, it is not required, that the beneficiaries approve your proposed action.

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Answered on 2/15/11, 10:33 am


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