Posted: July 12th, 2022

Law task CA Probate Code

Hi There, I need help with the CA Probate Code with a current property I am in a transaction in.

The attorney is stating that:
Full authority to sell a property requires the property to be owned by the deceased person or their estate – until the order gets signed by the judge in Santa Ana and recorded the property is still in William’s estate name.

No, there is no scenario in which a probate parcel of real property can be sold under CA law without it being appraised. With full authority, you simply avoid having a court hearing to approve the sale.

However, on other forms, it states that:
A personal representative with full authority is not bound to sell the house for at least 90% of its appraised market value as there is absolutely no court confirmation required.

Also, I see that there is a notice of proposed action (NOPA) that needs to take place 15 days prior to the closing of escrow.

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