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Heirs and Beneficiaries

Can the Executor Buy the Probate Property?


It is possible but tightly scrutinized. Because an executor or administrator has a fiduciary duty to the estate, buying the property personally is a classic conflict of interest. Even under full authority, when the representative or the estate's attorney is the buyer, court supervision of the sale is required rather than the usual notice-only process.

To do this properly, the representative typically obtains a current appraisal, gives full disclosure to all beneficiaries, and seeks court approval so the purchase is transparent and at fair value. The estate is also not liable to pay a commission to a representative who buys the property. This is a situation where doing it by the book protects everyone, including the buyer.

California Probate Code sections 10501 and 10160.5. Not legal advice.

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