Notice of Proposed Action to sell estate items

[dunnome]

What is the name of your state (only U.S. law)? California.

Does an executor have to give a Notice of Proposed Action if estate assets (household, jewelry, etc) needs to be sold in order to pay the estate debts. And if the selling of an item is discussed with the beneficiaries and agreed upon does this Notice of Proposed Action still have to be given to them? It seems rather cumbersome to get things taken care of in a timely manner. Thank for any help.

 

[latigo]

What is the name of your state (only U.S. law)? California.

Does an executor have to give a Notice of Proposed Action if estate assets (household, jewelry, etc) needs to be sold in order to pay the estate debts. . . .

Is such notice required?

Briefly, yes. That is, unless it is waived in writing by those entitled to it. Or those affected consent in writing to the proposed action.

To be more specific:

Section 10550 of the California Probate Code lists the powers that the personal representative may exercise WITHOUT having given notice of proposed action. (Section 10580)

But nothing there permits the PR to sell any of the estate’s assets, real or personal (other than registered securities) without first complying with Section 10580.

Then there is Section 10537 (a) which although it specifically authorizes the PR “to exchange or sell personal property”, it too requires compliance with Section 10580. Again, the exception being registered and certain described securities.

HOWEVER, as mentioned above, it is NOT necessary to give notice to those that have either, in writing, waived the right or consented to the proposed action. Which writing may be executed “at any time before or after the proposed action is taken. (Section 10582.)

But why isn’t the attorney for the PR dealing with these issues?!