Legal Question in Wills and Trusts in California
closing probate
In closing probate, the heirs have requested that the real property owned by decedent be sold. The executor currently has limited liability authority. Does the executor need to get full independent authority in order to be able to sign the necessary papers and sell the property? If so, what is the process? Does it require going back to court with a hearing etc.,.? If not, what other ways can they (the executor) get the legal authority to sell the property? NOTE: The real property is not going through the probate court for sale..it will be sold on the open market without the encumberence of the court approval process.
2 Answers from Attorneys
Re: closing probate
I am assuming that the real property was in the name of the decedent, and not in a trust of some kind.
I doubt that the executor will be able to get full independant authority, and to do so, would require another hearing. Regarding selling the house, it WILL require court approval, but will not be open to the over bidding process.
Re: closing probate
If the executor wants to sell the house with no court confirmation/full notice requirements, then the executor needs full authority, which would require another hearing and probably a new bond.
Otherwise, the court would likely have to confirm the sale after proper notice has been given of the sale and hearing.
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