How to Sell Personal Property During Probate
First, let’s clarify what is personal property. Personal property is any asset other than real estate. The main characteristic of personal property is that it is “movable,” unlike real property or real estate. This means that personal property includes cars, a business, furniture, antiques, collectibles, stock, investment portfolios, jewelry, etc. California’s Probate Code has different rules that govern how to sell property during probate. The difference is whether the court grants to personal representative limited authority or full authority. If you have limited authority, you must formally request the court’s permission to sell the property.
Does the Personal Representative Have Limited or Full Authority?
If a personal representative has been given limited authority, a Personal Representative must request authorization to sell personal property of the estate on an ex parte basis. This process requires the personal representative to file an Ex Parte Petition for Approval of Sale of Personal Property and Order.
However, if the Personal Representative has been granted full authority, then it is not necessary to notify the court before you sell the property. Probate Code Section 10530 gives the personal representative the authority to sell certain types of personal property without giving formal notice of the proposed action. If, however, a Notice of Proposed Action is required, you must notify all heirs and interested parties in writing and have them sign a document giving their consent for you to sell the property.
Don’t Confuse Real Property with Personal Property
Selling real property during probate. is an entirely different process. Remember, real property is land and real estate. If a personal representative has only limited authority, even hiring a real estate agent or broker to sell real property during probate will require court approval. The process of selling real property during probate is quite complicated if you only have limited authority. The process is less complicated if you have full authority, but does require the filing of additional paperwork. Contact A People’s Choice if you need to sell real property during your probate case. We have years of experience helping people prepare the proper documents to successfully sell personal and real property before the final distribution of the probate estate.
Although selling personal property during probate requires a lot of documentation, it does not require you to hire a lawyer. You should, however, have a legal document assistant who is experienced with the process of selling property during probate professionally prepare your documents. This will make make sure your documents are correct and will serve their intended purpose.
A People’s Choice can Help with Selling Property During Probate
Contact A People’s Choice for legal document assistant services to make the process of selling personal and/or real property during probate affordable and painless. We can help you prepare all the necessary documents required by the court to complete the sale. Call us today at 800-747-2780.