Probate: Do all interested parties have to sign contract to sell?

[Samantha M.]

Basic probate question. Lets say you have a house with 10 heirs. Do ALL 10 heirs have to sign the contract to sell it?

[Rick H.]

Probate typically involves the administration of a decedent's estat however it can be much more than just that. In CA, we use probate court to administer conservatorship and guardianship estates, most trust litigation and some trust administration and even related quiet title actions.

When someone posts a very generalized query concerning laws that are very State specific and case-by-case, I wonder if it almosts does more harm to respond, given that what we do in CA may be 180 degrees different than that of an Eastern State, for example.

In a very general way, our system provides that estates requiring court supervision also require an Order Confirming Sale (or encumber). Executors and admins who are appointed under our Independent Administration of Estates Act can sell via a Notice of Proposed Action without affirmative consent by heirs or other interested parties. However, any objection requires a court appearance to obtain Order Confirming Sale, but still no affirmative consent is required; just the judge's approval.

Your state may well be very different. While practical, CA probate law practice, legal statutes and local rules of court can sometimes be burdensome. So,I just try to make these things work in my favor (lemons into lemonade). If your state requires everyone to sign, you know that it's going to be much harder for an estate with lots of heirs to get everyone in agreement. That CAN be a beautiful thing, if orchestrated properly!