Legal Question in Wills and Trusts in California

Re: Independent Administration of Estates Act

Under the Independent Adminstration of Estates sections, you do not need to have a public sale confirmed in court. The appointed representative can sell at private sale, subject to the accounting requirements of the Probate Code. It is very advisable to give Notice of the Proposed Action to all parties entitled to notice - even if you think everyone agrees. In most probate courts, you are generally required to have an attorney. Are you representing yourself? It is wise to make sure everything is done that must be done as required in the Code.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Re: Independent Administration of Estates Act

The sale does not have to be confirmed by the court, but you are required to give all interested parties, including beneficiaries, the "Notice of Proposed Action" at least 20 days before the sale. The parties can waive any objection to the sale by signing the back of the form and returning it to you.

One thing to note is whether the sale price is close to or above the probate referee's appraised value in the Inventory and Appraisal. If it is too low, the court may question it and the beneficiaries may want to offset the "loss" against your executor fees or personal assets.

Your attorney should be able to prepare the forms and send them out in time, and to ensure the sale price is in line with the appraised value. If you aren't working with an attorney on this probate, you should at the least consult with one on this sale.