San Jose, CA asked in Probate for California

Q: I am the administrator for my brother's estate. When can I sell his vehicle?

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2 Lawyer Answers
Patricia Ann Simmons
Patricia Ann Simmons
Answered
  • Probate Lawyer
  • Vallejo, CA
  • Licensed in California

A: You may sell the vehicle after the probate referee has appraised all the estate's assets. If you have full authority, you can sell after you receive the appraised value of the vehicle. If you have limited authority, you may need court approval to sell assets. Contact a probate attorney to discuss your options.

Sheri Lynn Hoffman
Sheri Lynn Hoffman
Answered
  • Probate Lawyer
  • Folsom, CA
  • Licensed in California

A: If the estate is being administered through the probate court you need to be appointed by the court and have Letters issued. Once that has been done, then the vehicle would need to be valued by the probate court referee. Only then would you be able to sell the vehicle. Also, please note, there are certain circumstances in which you have to give notice to the heirs/beneficiaries before you can sell assets. This would depend on the powers you are given by the court. Be sure to review these before selling so you are in compliance with the law.

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