Are there any special rules for the sale of real estate by an executor?

Yes, there are special rules for the sale of real estate by an executor in California. Generally, these rules are in place to protect the beneficiaries of the estate and to ensure that the executor is carrying out his or her fiduciary duties. First, in order to sell real estate from an estate, the executor must obtain court approval. This is done by filing a petition with the court and providing detailed information regarding the proposed sale, including the price, terms of sale, and any liens. Any interested parties may object to the petition. Second, if the real estate is sold for less than the appraised value, the executor must provide reasons for the lower sale price to the court in order to obtain approval of the sale. Third, once the executor has the court’s approval, the executor must provide notice of the proposed sale to all interested parties, such as beneficiaries and heirs. The executor must also provide notice of the sale to the public by publishing an ad in a local newspaper. Finally, once the sale is completed, the executor must provide accountings to the court and to the beneficiaries of the estate. The executor must also provide receipts for all of the estate’s assets, including all proceeds from the sale of the real estate. The executor will not be allowed to close the estate until he or she has done so.

Related FAQs

What are the tax implications of probate?
What is an estate inventory?
What is a probate estate?
How is a will interpreted?
What happens if an executor fails to distribute assets?
When is probate required?
What is a revocable trust?
How do I contest a will?
What is a probate referee?
How is an executor compensated?

Related Blog Posts

What You Should Know About Probate Law - July 31, 2023
Probate Law: A Comprehensive Guide - August 7, 2023
Common Issues in Probate Litigation - August 14, 2023
The Benefits of Hiring a Probate Lawyer - August 21, 2023
What is Intestate Succession? - August 28, 2023