Does an executor have the authority to sell real estate?

Yes, an executor does have the authority to sell real estate as long as they follow the laws of California. Under California’s probate law, the executor of an estate can sell real estate as long as it is properly authorized by the court. The executor must show that the sale is necessary and that selling the property will benefit the estate. The sale must also be in the best interests of the estate’s beneficiaries. In order to sell real estate in California, the executor must be given the authority to do so by the court. This is typically done by the probate judge granting the executor “limited letters testamentary”. Once the executor is granted this authority, they must then prepare the deed that will be used to transfer the property. The deed must be signed both by the executor and the buyer. Afterward, it must be recorded with the county recorder’s office. Once the sale is completed, the executor must then make sure that all proceeds from the sale are distributed to the beneficiaries of the estate. After all debts have been paid, the executor must provide an accounting of all funds received and any expenses incurred during the sale process. The executor must also make sure that all applicable taxes have been paid. By following the laws of California, the executor can have the authority to sell real estate. It is important for the executor to understand their obligations and to make sure that all parties are treated fairly during the process.

Related FAQs

What are the duties of a trustee?
What is the difference between an estate and a trust?
What are probate fees?
What is a personal representative?
What is a grant of probate?
What is an irrevocable trust?
What is probate law?
What happens if there is no will?
What is a revocable trust?
What property does not go through probate?

Does an executor have the authority to sell real estate?

Related FAQs

Related Blog Posts