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Personal representatives implementing estate plans in California may have the benefit of the provisions contained in the Independent Administration of Estate Act (IAEA). If he has authority to act under the IAEA it allows estates to be administered with less involvement of the court. By doing so, the process of administering can be quicker, less expensive, and more efficient. The IAEA comes in especially handy when the personal representative has to sell real estate belonging to the estate. When court involvement is necessary, the process is far more cumbersome. However, despite the flexibility that the IAEA grants, personal representatives must provide interested parties with appropriate notice of the sale.

Notice of Sale Requirements Under the IAEA

When real estate is being sold without court supervision, the personal representative must provide a “Notice of Proposed Action” to any party that has an interest that could be impacted by the proposed sale. This group of people may include:

  1. Every person named in a will, if the decedent had one.
  2. Every known heir who is entitled under the law to receive property from the decedent, if they had died without a will.
  3. Other interested parties who request notice, such as creditors of the estate or beneficiaries of a trust.
  4. The Attorney General, if any portion of the property will go to the State of California.

In addition to the obligation to provide notice of the proposed sale of real estate to certain parties, the personal representative must provide the notice in a proper manner. Fortunately, you do not have to go it alone.If he has authority to act under the IAEA with minimal court involvement. Learn more about what is required to do this here. Our office has assisted countless clients with the administration of estates in California. Learn what they have to say firsthand by visiting our client testimonials page.

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