This is a great question that many Executors and Administrators ask me.
Court confirmation is almost always a possibility. The good news is that 90% or more of the Executors and Administrators that I’ve helped have full authority for the estate assets such as the decedent’s home under the Administration of Estates Act.
Court confirmation is required when the Probate Courts have determined that the Executor or Administrator has limited authority. When having limited authority the probate courts will closely oversee all actions including and especially the sale of the Probate real estate.
To revisit having full authority during the transaction, one of the many things that occur is your attorney will send a Notice of Proposed Action to all the beneficiaries. This notice expires 15 days after sent by mail and as long as the beneficiaries do not object to the proposed action, such as the sale of the Probate real estate, then typically the sale goes through without any type of probate court confirmation hearing.
Your Probate Attorney and a skilled Probate Real Estate Expert, like me, someone who fully understands the Probate timelines and procedures are crucial. Regardless of the details of your Probate Real Estate transaction, I recommend you get accurate answers to any question you may have so that you can feel completely comfortable throughout the Probate Real Estate transaction. And to get those answers I encourage you to call me, Charlotte Volsch, at 760-912-8905.
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