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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: right to sell during probate proceding Posted by Jane M on November 03, 2009 at 10:23 PM In Reply to: Re: right to sell during probate proceding posted by Rick, the Probate Guy on November 03, 2009 at 12:43 AM HI, Rick: Thanks a lot for your tips. The listing agent is 1st time selling probate too. She said the sale doesn't require court approval due to sole heir situation. I will have to clarify things with escrow and title as you suggested. Best regards, Jane : If you're buying off the MLS, you're going to receive title insurance, correct? So, relax (you'll probably have much spare time to do this anyway, if the sale requires court confirmation at any point). : You don't have to become a probate expert; just let the players involved do their jobs! : Since deceased people can't sign escrow and transfer docs (normally), it's the role of the court appointed personal representative to sell the asset()s), pusuant to cout powers. : Just remember the following: "C.P.A." : In a CA sale, a seller must have each of these three (3) things: : 1) Capacity : 2) Powers : 3) Authority : I suggest that you discuss these points with the title officer who's providing you policy. S/he will tell you what documents that they require to insure such a sale transaction. : Also, did you read the archived article on this website concerning probates? It's still not too late! : (Actually, hurry up and wait would better describe your situation!) Follow Ups: Re: right to sell during probate proceding Kristine-CA 7:56 PM, 11/06/09 (0) Post a Followup: Name : E-Mail : Subject : Comments: : HI, Rick: : Thanks a lot for your tips. The listing agent is 1st time selling probate too. : She said the sale doesn't require court approval due to sole heir situation. : I will have to clarify things with escrow and title as you suggested. : Best regards, : Jane : : If you're buying off the MLS, you're going to receive title insurance, correct? So, relax (you'll probably have much spare time to do this anyway, if the sale requires court confirmation at any point). : : You don't have to become a probate expert; just let the players involved do their jobs! : : Since deceased people can't sign escrow and transfer docs (normally), it's the role of the court appointed personal representative to sell the asset()s), pusuant to cout powers. : : Just remember the following: "C.P.A." : : In a CA sale, a seller must have each of these three (3) things: : : 1) Capacity : : 2) Powers : : 3) Authority : : I suggest that you discuss these points with the title officer who's providing you policy. S/he will tell you what documents that they require to insure such a sale transaction. : : Also, did you read the archived article on this website concerning probates? It's still not too late! : : (Actually, hurry up and wait would better describe your situation!) [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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