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Probate Sale Process
Prior to Listing
Check with either personal representative or attorney to
- Power of Sales: Check if will contains power of sales clause.
- No Power of Sale: Check if there is no power of sale in will or no will at all.
- Notice of Sale: See if sale of real property must be published (attorney to prepare).
- IAEA Powers: See if personal representative has full IAEA powers.
- Limited IAEA Powers: If personal representative has limited IAEA powers, attorney must mail Notice of Proposed Action Regarding Intent to List Property.
- Property Specifically Bequeathed: See if property is specifically bequeathed. If so, contact attorney.
- Appraisal: Check Appraisal report.
- Exclusive Listing Agreement: Consider exclusive listing agreement.
Sign Listing Agreement
- Full IAEA Powers: Sign exclusive right-to-sell list agreement without giving notice (do not need order authorizing execution of exclusive right-to-sell listing agreement).
- Limited IAEA Powers: Contact attorney to obtain order authorizing execution of exclusive right-to-sell listing agreement.
Market Property and Accept Offer
- If Sold Using Full IAEA Power: Check if notice of proposed actions must be sent to heirs/beneficiaries before escrow can close.
- If Sold Using Limited IAEA Powers: If so, court confirmation required.
- If IAEA Sales: See if escrow will need executor's/administrator's deed, copy of Notice of Proposed Action and attorney opinion letter. Escrow may also require certified copies of proof mailing notice of Proposed Action Order for Probate and Letters.
- If Court Confirmation: See if escrow will need executor's/administrator's deed and certified copy of order confirming sale.