Legal Question in Wills and Trusts in California
After ''Final'' Probate hearing
Hello,
I had a question with regards to what happens after the final probate hearing. I attended this hearing (on 10/2/01) and asked the judge, what now happens with this process. She told me that we (my brother, sister, and I) are through with the process and now the property belongs to us. However, just recently, my brother (the executor) has stated that there is some final paperwork that he needs to file before this transfer is completed. Is there truly some sort of additional documents to be filed for the transfer?
Another question I have is that since he is the executor of the estate, does that mean that he is responsible for the sale (liquidation) of the asset (a house) or can me or my sister sale it?
My final question is: With my brother being the executor of the estate, he is due fees for this service. Can he delay the process of selling the home, or even worse or re-open the probate process because my sister has not paid him? Isn't true that these fees can be taken from the liquidation of the probate asset? Thanks for your assistance!
2 Answers from Attorneys
Re: After ''Final'' Probate hearing
To effect distribution of the assets, it is probably necessary to have documents of title recorded in the proper local (county) recorder's office. If property is to be sold as part of a probate proceeding, this is usually done with court supervision. If you, the heirs, did not sell the property and sale was not required by the probate court, it is possible to sell YOUR INTEREST later after title has been transferred to you. However, if there are joint interests in the property, you may have some legal issues to consider in making this sale. Given the questions you are asking, you should check with your own attorney--don't rely on the attorney for the estate or the executor. See independent counsel.
Re: After ''Final'' Probate hearing
Fees for executors are paid from the proceeds of the estate, not from individual beneficiaries. There could be some documentation needed to change title to the property, but without seeing the order appointing your brother as executor, how the title was originally held, if there was a will, etc., I could not give an firm answer.
A final probate hearing is to give final approval to distribution. It might be that the hearing that you are talking about was for the petition to administer the probate. If that is the case, then the probate is ongoing, and has not closed yet.
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