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Heirs and Beneficiaries

Do All Heirs Have to Agree to Sell a Probate Home?


Not necessarily. Once the court appoints a personal representative, that person, not the heirs collectively, holds the authority to sell estate property. With full authority under the Independent Administration of Estates Act, the representative can sell the home without every heir signing off, though notice must still be given.

Where consent still matters

The representative owes a fiduciary duty to all beneficiaries and must act in the estate's best interest. Heirs who disagree can object, request court supervision, or in some cases force a confirmation hearing. When the representative gives a Notice of Proposed Action, an heir who objects in writing can require the sale to go through the court. So while unanimous agreement is not strictly required, keeping heirs informed prevents objections that slow everything down.

California Probate Code sections 10503, 10510, and 10589. Not legal advice.

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