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Is a Notice of Proposed Action necessary if all heirs know about it? What happens if an heir is not receptive to a Notice?

Carmichael, CA |

I am the executor representing the estate pro per. It's been a year since the start of probate, I finally have the time to sell the estate items (estate is in LA, I'm not) however there is one sibling who is non-respondent to non-helpful in this whole process of wrapping up the estate. All my other siblings are going to LA to get their bequeathed items and help clear out the house for the sale of the household items as well as the house...except for this one. Do I need to give a Noticed of Proposed Action to everyone with the estate sales and is a response necessary for with each Notice given? Thank you.

Attorney Answers 3

Posted

Congratulations on moving the probate along towards its conclusion. You are fortunate to have some siblings willing to help you with the process of organizing and selling the personal property.

Whether or not you are required to give Notice of Proposed Action is not dependent upon whether everyone knows about it. If you were granted authority under the Independent Administration of Estates Act by the court, you, as the personal representative, can take certain actions that do not require court supervision authority only after giving a notice of proposed action to the affected parties. Selling the personal property at an estate sale does not require such notice. However, you should give the proposed action notice before making a preliminary distribution of the personal property (Prob Code §10520). Since it sounds as though you will be distributing personal property as bequeathed under the will, you should know that such actions taken before an order for distribution are considered to be preliminary distributions and are authorized only if the time for filing creditors' claims has expired, and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person.

Also the preliminary distribution of any household furniture and furnishings, motor vehicles, clothing, jewelry, and other tangible articles of a personal nature to those siblings, and you, who are entitled to this property under decedent's will, cannot have a total fair market value of more than $50,000.

You are only required to give the notice. The Judicial Council form has a place for a beneficiary or interested party to consent or object to the notice. However, there is no requirement that the beneficiary respond. I’m not sure what you mean by your questions as to whether the nonparticipating sibling is not receptive to the notice. Again, you only have to mail the notice to him or her.

Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.

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Posted

Thank you much for your detailed response and the "Congratulations"....but had I known how difficult a task it is, I can't say I would've chosen to probate the estate. As to your response -- It never occurred to me that an estate sales would mandate a preliminary distribution but I see how it would. I thought "order for distribution" was considered as such when everything including real estate was sold, put in the estate account to be distributed as deemed in the will. I also thought preliminary distribution was exactly that....distribution after all the estate has been liquidated but before the order for distribution. I will post another question as this situation will be encountered.

Rosemary Jane Meagher-Leonard

Rosemary Jane Meagher-Leonard

Posted

You're welcome. I know that the Probate process can be daunting but it sounds like you have a good handle on it. The estate sale itself is fine. It's part of getting the estate ready to close. You just give notice of the preliminary distribution. It's better to be safe and give the notice especially when you have one beneficiary that isn't particularly cooperative. Once the estate is in a position to be closed and you file your petition requesting distribution, and the judge makes the ruling at the hearing, you'll obtain your order for distribution.

Posted

Notice of Proposed Action is necessary whenever you change the form of any assets, usually by selling. It is recommended you always give notice to protect yourself. When you sell real property, it is always required.

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Posted

You must give notice to all parties whether they want it or not and then file proof of service of the notice.

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Posted

This is very vague advice. When is a Notice necessary, if there is authority under the Independent Administration of Estate Acts ?? And if the Notice is handed to them, is the file proof of service of the notice needed?

Gregory Paul Benton

Gregory Paul Benton

Posted

You never mentioned that you had IAEA authority. You don't need to give notice under IAEA approval to sell the estate assets. But you must put the proceeds into a trust account and you may not distribute these assets until a final order is given. You can't distribute any assets to any heirs without an order.

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