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unlimited authority vs. limited

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normg65

Junior Member
What is the name of your state? CA.
The probate hearing for my Grandmothers estate is soon. Her sister is the nominated executor. She is also the signed witness of one of the wills. Can I request that she not be granted unlimited authority to administer the estate? What is the difference? What about bond being posted?(will waives bond). What are the chances the court will honor my request? She is a loose nut(she's been to Napa,lol) and only cares about what she can get out of it. I'm the only surviving decendent of my grandmother, and the primary beneficiary.
Thank you
 
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Dandy Don

Senior Member
You don't need to request anything. You need to ask for a copy of the will from the county courthouse after it is filed to see if you are named beneficiary of anything. If you are, then just let the probate process play out. If you are a named beneficiary you will get what you were left in the will, since it is public record.
 

tecate

Member
I respectfully disagree about laying low and letting the process play out. If you are a beneficiary, you can request that the court not grant the petitioner full IAEA authority, but the burden is on you to show why. Look at Probate Code Section 10450 et. seq. for the procedure.

The differences among full, limited and no IAEA authority are many; the major difference between full and limited authority is whether a sale of realty must be confirmed by the court vs. merely giving proper notice of proposed action. You can try to learn about this by reading the code, but you would probably learn more by going to a law library and review the CEB and Rutter treatises. Also, there might be something on the web that an enterprising California attorney may have published.

Look at Probate Code Section 8481 for info on bond.
 

normg65

Junior Member
Thank You. I am a beneficiary, the will says that the executor is to sell real estate - $10,000 goes to person A; $5,000 to person B; $2,000 to person C, and I'm to receive the balance of the sale. If unlimited authority is granted can the executor sell the property for what they want, or can I decline the sale if the price is to low?
 

tecate

Member
If you mean "can I veto" the transaction, no. Instead, if you object, the executor will need to get court approval.

Look at Probate Code Section 10580 et. seq. and 10300 generally for more info.
 

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