Probate - Public Administrator as Executor

[Saim Chaudhry]

I have come across this a few times, it lists "public administrator" as the executor in probate records. I am interested in a few properties, but am not sure what it means that the public administrator is the executor. On the MLS, the title of the property is still under the decedent. Does the public administrator have the authority to sell? What does it mean if public admin is listed as the executor, no heirs or family? Where does the money go for the property after it is sold?

Thanks!

[Rick H.]

In CA, each county's public administrator has their own policies concerning liquidation of probate, conservatorship and guardianship properties under their control.

Some, like Los Angeles county, have enough properties to warrant a contract with a real estate brokerage auction company. Every month or two they conduct an auction and most of the sales are made pursuant to court confirmation (Order) and rules of sale.

Small counties (among all 58 counties in CA) may only have the volume and quantity of properties to liquidate that a local attorney provides the legal services under contract as needed. The properties may be listed on the area MLS or sold via an auction, or may now use a well-known online service that specializes in such liquidations.

I had the P.A. in a small Northern CA county use my services a few years ago who also wore the hat as city attorney (maybe some other official designations, too.).

The laws for selling estate property in California go back to 1852, so there's not a whole lot of situations that they have not encountered or considered.