If an executor has been given full authority, they do not need court approval to sell property they do, however, need to serve the beneficiaries with a Notice of Proposed Action. The property cannot be sold without a court order, and beneficiaries are given an opportunity to object to the sale if they feel the proposed sale is improper. Can an executor override a beneficiary if the beneficiary does not wish to sell the real property in question? Executors will need to petition the court and give advance notice to all beneficiaries of a proposed sale if they have only been granted limited authority to act by the court. When it comes to real estate, however, the powers of an executor are a little more nuanced. At the end of the day, executors must remember that they are fiduciaries who are supposed to act in the best interests of beneficiaries and no one else.Ī beneficiary lawyer can assist estate beneficiaries with obtaining the information they need from executors if the executor is failing to cooperate.Įxecutors may or may not be required to inform beneficiaries and obtain their consent before selling estate property – it depends on both the type of property being sold and whether the court has given the executor “full authority” or “limited authority” to act under California’s Independent Administration of Estates Act.įor example, an executor generally does not need to obtain consent from beneficiaries or the court before selling items of personal property (e.g., cars, paintings, jewelry). It is always preferable for a beneficiary to have an excess of information about the estate, as opposed to a lack of information. If an executor of the estate is uncertain about whether or not to discuss a decision with beneficiaries, it is recommended that they err on the side of caution. This means that beneficiaries should actively seek out information from the executor if they want to have a say in estate-related decisions, because what an executor considers to be a reasonable amount of information may differ from what a beneficiary considers to be a reasonable amount of information. Marriage and Community/Separate PropertyĮxecutors have a duty to keep beneficiaries reasonably informed about the estate during administration.
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