Heirs and Beneficiaries
Can an Executor Sell Without Telling the Beneficiaries?
Generally no. Even a representative with full authority under the IAEA is required to give interested parties a Notice of Proposed Action before selling the home, unless they have waived notice in writing. Beneficiaries are entitled to know the material terms, including the price and how commissions are calculated, before the action takes place.
Selling in secret exposes the representative to objections and potential personal liability for breach of fiduciary duty. The correct path is transparency: give proper notice, let the required window pass, and proceed if no valid objection is filed. This protects both the estate and the representative.
California Probate Code sections 10510, 10581, and 10585. Not legal advice.Have a probate property in San Diego or Riverside County?
Ron Burner, Certified Probate Real Estate Specialist (CPRES), has guided families through 50-plus probate sales. Get straight answers with no obligation.
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