Q. When does a probate property NOT require court confirmation?
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A. In most cases, the decedent’s will names an Executor who is designated to handle the distribution of assets, including real property. If no Executor is named, if the named Executor is unwilling to serve or if there is no will, the court appoints an Administrator to carry out these duties. The Executor or Administrator is the person who has the authority to list and sell the property and a sale cannot proceed until that person has been named.
If the Executor/Administrator of the estate has been given “limited authority,” the sale requires court confirmation.
However, if the property is a Trust sale or if the Executor/Administrator has been granted “full independent powers” under the Independent Administration of Estates Act (IAEA), the sale may not require court confirmation. In this case, the Administrator may elect to list the real property for sale. Once there is an accepted offer, the estate’s attorney mails out a Notice of Proposed Action to all the heirs, giving them 15 days to object to the sale. If there is no objection within that time, the sale can proceed without a court hearing; if the heirs object, the sale requires court approval.
If you have questions about probate, trust or conservatorship sales, contact The Sanborn Team: 310-777-2858 or [email protected].
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