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Can I sell a house during probate?

1 Answers. Asked on Aug 15th, 2013 on Trusts and Estates - California
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My father in law died intestate with no surviving spouse, my husband, his only son, has been granted 'full authortity' to administer his estate. Being the sole heir therefore having no-one to object can he sell his father's 'real property'? Can we sign in his name or do we have to transfer the title to our name then the buyers? Should we treat it as our own? What about a deed, do we need to record anything with the county recorder or assessor, do we just show the title company our 'letters of administration' to complete the sale? The estate is being probated in California 'in pro per'.
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Answered on Aug 15th, 2013 at 11:53 PM

It's very important that you hire an attorney for this probate as it is very difficult to get it through the court without an attorney.  There is a very specific probate procedure in order to sell the property and it must get court approval.

You cannot sign the decedent's name and you cannot sell the property using your 'letters of administration'.

This answer does not mean that there is an attorney client relationship and is not meant as legal advice. For legal advice you would need to call us.

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