Oceanside, CA asked in Probate for California

Q: Does the executor of a trust have to wait 120 days to list real property for sale in California?

Three out of 5 homes will become empty with no tenant in a month. Beneficiaries would like to get these homes listed to sell. Can we waive the 120 day period to allow the homes to be listed?

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

A: To clarify your question, an executor is a legal representative for a probate estate and a trustee is a legal representative for a trust. An executor acts under court supervision; a trustee does not. In general, both have the legal authority to sell real property immediately upon their appointment. The 120 day rule you refer to is to establish the validity of a trust or the time during which creditor claims can be submitted under a probate. In either case, there is no waiting period before a sale of real property can occur.

Nina Whitehurst agrees with this answer

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