Probate Sales General Process
- Power of Sales: Will contains power of sales clause.
- No Power of Sale: No power of sale in Will or no Will.
- Notice of Sale: Sale of real property must be published (attorney to prepare)..
- IAEA Powers: Personal representative has full IAEA powers.
- Limited IAEA Powers: Personal representative has limited IAEA powers if so, attorney must mail Notice of Proposed Action Re Intent to List Property.
- Property Specifically Bequeathed: If so, contact attorney
- Appraisal: Check Appraisal report
- Exclusive Listing Agreement: Consider exclusive listing agreement.
- Full IAEA Powers: Sign exclusive right-to-sell list agreement without giving notice.
(Do not need order authorizing execution of exclusive right-to-sell listing agreement) - Limited IAEA Powers: Contact attorney to obtained order authorizing execution of
exclusive right-to-sell listing agreement. - If Sold Using Full IAEA Power: Notice of proposed actions must be sent to heirs/
beneficiaries before escrow can close. - If Sold Using Limited IAEA Powers: Court confirmation required.
- If IAEA Sales: Escrow will need executor’s/administrator’s deed, copy of Notice of
Proposed Action and attorney opinion letter. Escrow may also require certified copies of proof mailing notice of Proposed Action Order for Probate and Letters. - If Court Confirmation: Escrow will need executor’s/administrator’s deed and certified copy of order confirming sale.
