Being named executor in a will doesn’t give you the power to sell yet. The court has to appoint you first. Until it does and issues your Letters, no one can sign for the estate. Related: Who Has the Legal Right to Sell a House During Probate?
Here’s the general order of steps in California. Your attorney handles the filings, but it helps to know what’s coming.
The steps to getting Letters
- Find the original will. California law expects whoever has the original will to deliver it to the court within 30 days after learning of the death.
- File the Petition for Probate (form DE-111) in the county where your parent lived. In Los Angeles County, probate is handled at the Stanley Mosk Courthouse downtown. The filing fee was $435 as of this writing.
- Ask for full authority in the petition. This is the authority that lets you sell the house without a court confirmation hearing, after giving notice to the heirs. Related: Do I Need Probate Court Approval to Sell My Parent’s House?
- Give notice. A notice of the hearing is published in a local newspaper and mailed to the heirs and beneficiaries before the hearing date.
- Attend the hearing, or your attorney does. If no one objects and the paperwork is in order, the judge signs an order appointing you.
- Handle the bond. The court may require a bond, a kind of insurance for the estate. Wills often waive it, and heirs can sometimes waive it too.
- Sign the Duties and Liabilities statement (form DE-147), which explains your responsibilities.
- Receive your Letters (form DE-150). This is the document title companies, banks, and buyers will ask to see.
If there’s no will
Someone petitions to be the administrator. California sets an order of priority, starting with a surviving spouse or registered domestic partner, then children, then other relatives. The steps are much the same, and the administrator receives Letters of Administration.
What being executor means
You’re responsible to the court and to the heirs. That means keeping the house safe and insured, keeping careful records, and getting a fair price when you sell. Every decision should be one you could explain to the heirs and the judge.
This is one reason I give every family a clear, documented picture of what the house is worth. It helps protect you.
What you can do while you wait
The wait between filing and Letters is a good time to get ready. Gather documents. Secure the house and call the insurance company. Get a sense of value. Line up the estate sale and clean-out so they can start once you have authority. Related: What Should I Know Before Selling a House I Inherited?
Frequently asked questions
Can the executor named in a will sell the house right away?
No. The court has to appoint them and issue Letters first.
What are Letters Testamentary?
The court document that proves you’ve been appointed executor and can act for the estate.
Can I be executor if I live out of state?
Often yes, though the court may require a bond. Ask your attorney about your situation.
Want to know what the house is really worth before you decide anything? I’ll give you a free value review, whether or not you ever work with me. I don’t buy houses, so I have no reason to tell you it’s worth less than it is. Call or text me at 310-807-6879, or request an Inherited Property Value Review.
Eric Baskett, Century 21 Coastal Properties, CA DRE 01446685. I list and sell homes. I do not buy them. I’m not an attorney, CPA, or financial advisor, and this article is general information, not legal or tax advice. I work with trusted attorneys, tax professionals, and financial advisors and I’m glad to introduce you.