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The power to sell
assets is derived from:
(a) The
Will
(b) Probate Code §§10000, 10252, 10303, 21400. |
Sales of Real Property while in Probate
requires detailed knowledge of both local practice and statutory
provisions.
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Testamentary power
of sale requires only that the representative report sales of
real and personal property to the Court for confirmation under
Probate Code §§10000(c), (d), 10260 and 10308. |
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BID FOR
THE PURCHASE OF REAL PROPERTY
(Probate)
To__________________________As__________________________ of
Estate of____________________________________Deceased
The undersigned hereby offers $_________for the purchase of
the property generally known as_________________________and
described as:______________________________________________
______________________(description)________________________
on the following terms:
$____________________deposit_________________________
________________(terms for paying balance)___________
Rents, taxes, insurance expenses of operation and
maintenance to be prorated as of close of escrow;
seller to furnish title policy.
Enclosed is cashier's check #________ on (location)
Branch of_______________(bank) for $____________________
representing 10% of my offer as a deposit.
I understand this bid, if accepted, is subject to
confirmation by the Superior Court.
(This offer is contingent on your accepting it by (date)
and obtaining the earliest possible date for the court
hearing. If you do not accept this offer on or before said
date, you are instructed to return the deposit immediately
thereafter) Deposit is to be returned in event sale is not
confirmed by court.
Upon confirmation of sale, title shall be conveyed by grant
deed (or warranty deed) to (names of parties) (description
of manner in which title will be held)
(This offer is subject to a real estate commission of __%
to be paid by the estate to (name of broker), address
, License # )
DATED:___________________(Signature)____________________
Address_______________________ Phone____________________
ACCEPTANCE
Receipt is acknowledged of $ as a deposit. I accept
said offer subject to confirmation by the court, and will
file a return of sale and immediately notify you of the
date of hearing.
DATED____________________ __________________________
As executor (administrator)
Of Estate of Deceased
PRINTER
FRIENDLY VERSION
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The
Complete Probate Code is available HERE |
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Sales of estate property are an exercise of a
representative's fiduciary powers.
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Notice of Sale is
required under Probate Code §§10003, 10250-10264, 10300-10316,
1230 and 1250. |
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If statutory power,
then statutory reason for sale required under Probate Code
§§10000(a), (b), 10260 and 10308. |
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