Legal Question in Wills and Trusts in California

Re: selling real estate before probate closes

Yes, generally a personal representative with full powers can sell the real estate as soon as s/he wants to.

It is a prudent idea to send the beneficiaries a "Notice of Proposed Action" that tells them how much you intend to list the house for, what firm you intend to hire as broker, what percent you intend to pay the broker, and other pertinent information about the sale. That way they can't complain later.

It is also a very good idea to have the probate referee appraise the house before you list it so you know what the Court thinks the property is worth.

NO distributions can be made without a court order, so even if the house is sold, the proceeds from the sale need to be held in an interest bearing account (more than one if the proceeds are more than the FDIC maximum) until the Judge okay's their distribution.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.