Ok so, my sister is the executor of my mother's will. There is no probate because her properties aren't worth much. My sister has decided on...

Question

Ok so, my sister is the executor of my mother's will. There is no probate because her properties aren't worth much. My sister has decided on her own to sell the properties. The other 4 siblings do not consent. Can she sell them without the other 4 siblings since there is no probate? I am hoping there is an point where all the sibling will be required to sign off on the new purchase contract or at the title company or something.

Answer

Is the estate worth less more than $100,000? If it is, probate should be opened.

Answer

In order to be able to transfer title, and thus have a willing buyer, the estate has to be probated.

Answer

If the gross fair market value as of your mother's date of death is less than $100,000, but more than $20,000, then a petition for succession has to be filed with the court and all the heirs have to petition. The order from that petition puts the title to the property in all the heirs' names as co-owners.

If the gross fair market value as of your mother's date of death is less than $20,000, then an affidavit has to be signed by all of you, endorsed by the court and recorded against the properties. Again, all of you will be co-owners.

The value has to be determined by a California probate referee and a inventory and appraisal has to be completed for all the procedures.

As stated above, your sister, unless she has been appointed by the court, cannot unilaterally sell the property because she has no authority.

Answer

The above answers are correct, except if the property was held in a trust then the terms of the trust must be looked at to determine what your sister may be able to do. With all this said, you need to consult with an attorney who can review all the relevant papers and give specific legal advice.

Answer

No one is actually the executor unless the Will is probated and the executor appointed by the court.