Legal Question in Real Estate Law in California

if a property is owned under the name of an estate and the estate owner has passed away, can the property be sold under the estate name or does the title have to be changed to the beneficiary's name before the beneficiary can sell it?

Asked on 12/06/17, 10:49 am

1 Answer from Attorneys

Gerald Dorfman Dorfman Law Office

An estate is a temporary vehicle for administering property. It operates through the actions of an administrator or executor. If property is part of an estate, it can be sold, subject to the right conditions, while still undergoing the probate process. If you are instead really asking about property which is held by a trust, whether it can be sold by the trust depends on the trust terms and whether there is a successor trustee.

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Answered on 12/06/17, 11:55 am

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