Legal Question in Wills and Trusts in California
executor of will
Does the executor of a will have to petition the court before transferring or selling real property?
2 Answers from Attorneys
Re: executor of will
Usually NOT. Depends on if they have "full authority" under the Indepedent Administration of Estates Act. However, even if they do not need to petition the Court they are supposed to send a notice of proposed action 15 days prior to the sale to give interested parties a chance to object.
Re: executor of will
If there is only a will, then there should also be a Probate. The Court would review and approve all transactions.
Are you in the position of being an executor? Has a Probate been started? How long ago was the passing of the deceased?
Please feel free to email me directly to discuss some of the finer details of your situation in a private forum.
I can be reached at the email provided by LawGuru or through our firm's site PasadenaEstatePlanning.com.