Mill Valley, CA asked in Probate for California

Q: Do I need a special order to quitclaim property? My order for probate says I'm Administrator with Full Authority

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: If by quitclaim, you mean sell, then you do not need a special order for the sale to proceed. However, you still have a fiduciary duty to the beneficiaries, and you must follow the mandatory procedures, such as giving proper "Notice of Proposed Action".

James Edward Berge agrees with this answer

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: To quitclaim an interest in property, you're giving up whatever interest the estate might have in the property, and in certain circumstances, that might be the right thing to do, but make sure you clear it with all of the beneficiaries of the estate to avoid future liability claims, preferably through a Notice of Proposed Action (for the form and procedure, refer to the California Probate Code). If you're using the term commonly and intend to use a Quitclaim Deed to transfer an ownership interest in property to a buyer in a proposed sale transaction, again use the NOPA form and procedure before you sign and deliver the deed. If you're wondering about distribution of the property to beneficiaries of the estate, don't do anything without a court order (following a petition for final distribution of the estate). If you have any questions about what you can or cannot do as the executor of an estate, consult with a probate attorney or perhaps call your local court attorney (a county employee) if your court has one.

Gerald Barry Dorfman agrees with this answer

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