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Local Probate Rules of Court
PROBATE RULE 7 SALE UNDER COURT SUPERVISION
A. PUBLICATION OF NOTICE OF INTENTION TO
SELL
B. PETITION FOR CONFIRMATION OF SALE OF REAL PROPERTY;
SALE PROCEDURE
A. PUBLICATION OF NOTICE OF INTENTION TO SELL
The notice of intention to sell must be published in
decedents' estates where the personal representative has not been given the
power of sale in the will. Publication is not required where the personal
representative is using the Notice of Proposed Action procedure under The
Independent Administration of Estates Act. For sales in conservatorship and
guardianship
proceedings, see Probate Code §2543 (b) and (c), and §2591.5.
(Eff. 7/01/07)
The report of sale must be filed within one year of the last published date
of notice of intention to sell.
It is advisable that the published notice call for "cash or such credit
terms and conditions as the Court may approve." There cannot be a variance
in the terms of sale between those shown in the petition and those in the
published notice.
The published notice of intention to sell real property is a solicitation
for offers. No offer can be accepted prior to the expiration of the notice
period specified in the notice of intention to sell.
On filing an appropriate affidavit or declaration, the Court may sign an
order shortening the notice period to 5 days, with sale permitted on the
sixth day after publication. The practical effect of this order is that only
one publication is necessary.
B. PETITION FOR CONFIRMATION OF SALE OF REAL PROPERTY;
SALE PROCEDURE
(1) TIME FOR FILING PETITION
A petition for confirmation of sale should be filed by the personal
representative within 30 days after the date of acceptance of a contract.
Note that the property is
initially sold by the personal representative and then returned to the Court
for confirmation.
(2) CONTRACT OF SALE TO BE FILED WITH COURT
At the time of filing the petition for confirmation, the petitioner must
file a copy of the contract of sale.
(3) DEED OF TRUST
Upon an appropriate showing by the petitioner, the Court may approve a sale
where part of the consideration is to be secured by a deed of trust of which
the personal representative is the beneficiary.
(4) SALE SUBJECT TO ENCUMBRANCE
Sale of real property will not ordinarily be confirmed when the purchaser
assumes or takes subject to an existing encumbrance, if as a result the
estate remains subject to a contingent liability on the encumbrance (i.e.,
"wraps"). The petition must set forth the facts pertinent to such assumption
agreement.
(5) SALES OF FRACTIONAL INTERESTS
Where the estate owns only a fractional interest in the real property, the
petition must state whether the sale by the estate is conditioned upon
closing of a sale of the unowned fraction.
Probate Rules: Summary -
Intro - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
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16 -17
List of attached Probate local forms
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