QUESTION

My stepfather passed away with will. one heir died. Can home be sold and des eased share held in trust pending mini probate process?

Asked on Sep 09th, 2017 on Wills and Probate - California
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2 ANSWERS

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
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If there is a house which is not in a trust, you are not facing a "mini probate." You must do a full probate. Once letters are issued to an executor, the executor can sell the house. That procedure can be fairly simple or quite complex depending on whether the executor is able to administer under the Independent Administration of Estates Act (IAEA) or not. All funds, not just the funds for the deceased beneficiary's share, must be held by the executor in an estate account until all bills have been paid, at least four months have passed since the beginning of probate, and a judge has approved the petition for final distribution.
Answered on Oct 09th, 2017 at 5:09 PM

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Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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Yes, the home can be sold through the probate process and then the creditors would be paid and the remainder paid to the beneficiaries.
Answered on Oct 06th, 2017 at 6:49 PM

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