Understanding the Notice of Proposed Action (NOPA)
When you take on the responsibility of managing a loved one’s home, your probate attorney will mention a Notice of Proposed Action (NOPA). This essential legal document is required when selling real property within a probate. The NOPA must be written and sent to interested parties, including heirs, beneficiaries, or anyone requesting special notice regarding the probate proceedings.
Actions Requiring Notification
For specific actions affecting the estate, such as the sale of a home, your attorney will draft a NOPA to inform all beneficiaries. This notice ensures transparency by notifying beneficiaries that you, as the executor or administrator, are taking steps that will impact the estate.
Role of a Certified Probate Real Estate Advisor (CPREA)
Knowledgeable probate real estate agent/broker collaborates with your attorney, providing crucial details about the proposed sale of the decedent’s home. Once negotiations are completed and escrow is opened, the agent/broker will send the necessary transactional information to the attorney.
Delivery and Expiration of the NOPA
The NOPA, once mailed to all beneficiaries, has a 15-day expiration period. If no objections are raised during this time, the proposed action selling your loved one’s home can proceed. As your CPREA, our team collaborates with your attorney to ensure the NOPA was delivered and expired correctly (without any objections) before finalizing the sale of the decedent’s home.
Entities Named in the Will
Typically, the NOPA is sent to individuals connected to the deceased, such as family members or friends. However, entities like charities or religious organizations may also be named as beneficiaries. These entities are included in the will and bequeathed a portion of the estate. Beneficiaries don’t have to be family members; friends can be named too. Only a decedent’s will can allocate estate portions to non-family members, except for creditors.
Accelerating the 15-Day Period
To shorten the NOPA timeline from the standard 15 days, you or your attorney can request beneficiaries to check a box, sign, date, and return the NOPA, indicating their consent to the proposed action.
Handling Objections
If a beneficiary objects within the 15-day period, a court order is necessary to proceed. This involves your attorney scheduling a court date with the probate court.
Completing the NOPA Process
Typically, NOPAs expire without objections, allowing the sale of your loved one’s home to move forward. Your probate attorney monitors the deadline, and if no objections are received, the NOPA process is complete.
Importance of Timelines
Due to the critical nature of probate timelines, it’s essential to have an experienced probate attorney guide you. Most executors and administrators opt for professional legal assistance. Equally important is selecting the right real estate advisor. When you choose our team, we will lead, guide, and protect you and the estate throughout all steps necessary to successfully sell your loved one’s home.