Q: I am the executor of a family trust. I want to sell the property. What is the California Probate Law on executor rights?

A: As the executor or personal representative, you have the authority to sell the property to pay off the estate’s debts as long as the deceased individual did not give the real estate to a beneficiary and as long as you were granted the power of sale. The court may require an order approving the sale if the power of sale was not granted.

When it comes to giving notice to the beneficiaries, you must provide a "Notice of Proposed Action" to all heirs at least 15 days before the real estate sale. This notice should include the terms of the sale and the intended price. If the beneficiaries agree and sign a "Waiver of Notice of Proposed Action," you can proceed with the sale without waiting the full 15 days. However, if an objection to the sale arises and it cannot be overturned by the executor, the sale will need to go to court for confirmation.

If, however, you are acting according to the terms of a trust outside of the probate court, you will only need to abide by the terms of the trust regarding sale of the property and notice to beneficiaries.

Schedule a free consultation to make sure you are administering the estate correctly.

A: As the executor of a family trust in California, you have the right and responsibility to manage and distribute the trust's assets according to the terms of the trust and state law. This includes the right to sell real property held by the trust. However, there are certain legal requirements you must follow when selling trust property and giving notice to beneficiaries.

1. Notice of Proposed Action: Under California Probate Code Section 16501, an executor must provide written notice to the trust's beneficiaries before selling real property. This notice is called a "Notice of Proposed Action" and must include:

- A description of the proposed action (i.e., the sale of the property)

- An explanation of the reasons for the action

- The date on or after which the proposed action may be taken

- A statement that the beneficiary has the right to object to the proposed action within 45 days

2. Delivery of Notice: The notice must be delivered to each beneficiary either personally, by mail, or by electronic means (if the beneficiary has consented to electronic delivery).

3. Objections: If a beneficiary objects to the proposed action within the 45-day period, the executor must obtain court approval before proceeding with the sale.

Regarding the occupants of the property, if they are tenants, you must follow California landlord-tenant law when giving notice to vacate. The amount of notice required depends on the type of tenancy:

- For a month-to-month tenancy, you must provide at least 30 days' written notice.

- For a fixed-term lease, you generally cannot require the tenants to leave until the lease term expires, unless the lease allows for early termination or the tenants have violated the lease terms.

If the occupants are beneficiaries of the trust, you should refer to the trust document to determine their rights to occupy the property and any specific notice requirements. If the trust is silent on this issue, you may need to seek legal guidance to ensure you are following the correct procedure.

It is always advisable to consult with a qualified attorney specializing in probate and trust law to ensure compliance with all legal requirements and to protect yourself from potential liability.