La Jolla, CA asked in Probate for California

Q: Can a personal representative appointed to an estate do what they want with the estate being left to him or her?

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2 Lawyer Answers
John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: Generally not. There are specific rules which govern how a personal representative should act. Most things require court approval either before doing them or confirmation after the fact. To those requiring confirmation after the fact there is a specific way things are to be done. For example, if the PR has full authority under the IAEA they can sell house merely by sending out a notice of proposed action at least 15 days before the sale. The people who receive the notice can object which is supposed to then cause a court hearing to ensue. This is just an example. Good luck.

Nina Whitehurst agrees with this answer

Genene N. Dunn
PREMIUM
Genene N. Dunn
Answered
  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: There are certain things a personal representative can do without court involvement. It also depends on what kind of authority was granted to the personal representative. However, the personal representative will have to answer for everything they did at the end of the process when the accounting is due.

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