I have worked with a number of clients over the years who were the executors of a loved one’s will. When an executor wants to sell some real property, there are some rules in the Probate Code that she needs to think about. The rules are generally more cumbersome than those for a trustee of a trust who wants to sell some real estate. I wrote about that in an earlier post.
Sometimes a client is the administrator of the loved one’s estate. This happens when a person dies with neither a trust nor a will.
Whether the client is the executor or the administrator, he has to follow the rules in the Probate Code for selling real estate through the court-supervised process called “probate.”
The most important point is that the client, whether the trustee of a trust, the executor of the will, or an administrator, should get everyone’s written consent to the sale. If not everyone agrees, the client should file an appropriate petition with the Probate Court requesting approval of the sale on the terms in the petition.