Six Potential Steps When Pursuing Selling Probate Estate

During the administration of an estate, it is a fairly common occurrence for the loved ones of a deceased individual to find themselves suddenly co-owners of real estate in California. In some situations, all of the parties involved may be happy to either share continued ownership of the property or mutually agree to the selling of the probate estate. Unfortunately, this is not always the case. If one interested party wants to sell the property and the other interested parties do not, there are options available under the California Probate Code.

If you are a reluctant co-owner of a property and the other parties are not interested in selling the Probate Estate, consider taking the following actions:

• Consult with a San Diego probate litigation attorney for guidance and to protect your legal rights.
• File a petition with the probate court for a petition.
• Request that the court forces the sale of the property and divide the proceeds according to each party’s interest in the property.
• Provide the other parties an opportunity to buy out the share of the person seeking the partition.
• Sell the property to a third party at the best possible price.
• Divide the proceeds between the interested parties.

When the property in question is owned in a trust, the trustees could potentially end up involved in litigation over its sale or ownership.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.