Q: Brother died 3 weeks ago without a will. There are four siblings. Our sister has been appointed to be the
Representative. All siblings were in agreement. Deceased owned two homes, arizona and oregon but the oregon home was his primary and both homes had mortgages. How much info is representative required to disclose in regards to selling both properties and all furnishings which includes some valuable antiques
A:
The steps the probate administrator must take prior to selling the homes will depend on whether the estate is probated in California or Arizona. Since there is real property in both states, there will be primary probate on one state and an ancillary probate in the other. (The California property requires a probate action in California, while the Arizona property will require one in Arizona.)
At a minimum, in California the representative will need to provide you with a Notice of Proposed Action which provides basic information about the sale. You can also request that the representative provide more information, like the listing agreement and sales contract. If you don't like the terms of the sale, you can object by following the instructions on the notice.
The requirements for the Arizona property will be covered under Arizona law.
As a practical matter, I consider it best practice to provide the heirs with as much information about real property sales as possible. Although, not all attorneys or representatives follow this approach.
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