All Forum Posts by: Jeanine P.

@Amanda

Make sure you check in to your state law. All probates do not require court confirmation or notice of sale. See section 10503 below per California Legislative Law. You can also visit the website to learn more information. In addition, if the will directs the sale of property or gives authority to the personal representative to sell the property, you do have file a notice of sale or court confirmation. Get the correct information before getting advise from this site.  I am not an attorney and not giving legal advise, but I am familiar with the law and have helped sellers file the correct paperwork for the estate.

Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part, the personal representative may sell the property either at public auction or private sale, and with or without notice, for such price, for cash or on credit, and upon such terms and conditions as the personal representative may determine, and the requirements applicable to court confirmation of sales of real property (including, but not limited to, publication of notice of sale, court approval of agents’ and brokers’ commissions, sale at not less than 90 percent of appraised value, and court examination into the necessity for the sale, advantage to the estate and benefit to interested persons, and efforts of the personal representative to obtain the highest and best price for the property reasonably attainable), and the requirements applicable to court confirmation of sales of personal property, do not apply to the sale.

(Enacted by Stats. 1990, Ch. 79.)

Amanda,

Make sure you check in to your state law. All probates do not require court confirmation or notice of sale. See section 10503 below per California Legislative Law. You can also visit the website to learn more information. In addition, if the will directs the sale of property or gives authority to the personal representative to sell the property, you do not have to file a notice of sale or court confirmation. Get the correct information before getting advise from this site.  I am not an attorney and not giving legal advise, but I am familiar with the law and have helped sellers file the correct paperwork for the estate.

Subject to the limitations and requirements of this part, when the personal representative exercises the authority to sell property of the estate under this part, the personal representative may sell the property either at public auction or private sale, and with or without notice, for such price, for cash or on credit, and upon such terms and conditions as the personal representative may determine, and the requirements applicable to court confirmation of sales of real property (including, but not limited to, publication of notice of sale, court approval of agents’ and brokers’ commissions, sale at not less than 90 percent of appraised value, and court examination into the necessity for the sale, advantage to the estate and benefit to interested persons, and efforts of the personal representative to obtain the highest and best price for the property reasonably attainable), and the requirements applicable to court confirmation of sales of personal property, do not apply to the sale.

(Enacted by Stats. 1990, Ch. 79.)