Irvine, CA asked in Probate for California

Q: Should we re-submit a Residential Purchase Agreement per escrow's suggestion?

We made an offer on a probate sale property using Probate Purchase Agreement (PPA) form and was accepted. However, it required court's approval. The original PPA offer was signed by two sellers (siblings) as they're administrators. The court order was recently approved and the estate is being distributed to five siblings. We're already in escrow but escrow suggested we re-submit the agreement using RPA instead with all five siblings' signatures. Is there any advantage/disadvantage if we were to re-submit? Can the sellers back out since it's no longer a probate property? Thank you

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1 Lawyer Answer
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Hi Toni,

If the property is part of a probate estate, then the Probate Purchase Agreement (PPA) should be used. Since the PPA has been signed by the administrators, then beneficiaries have 15 days to object to the sale which is the shortest route to getting the sale completed. Some administrators are required to obtain court confirmation of the sale which may or may not be the case. In either case, you should stick with the PPA and there is no need to gather additional signatures from beneficiaries.

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