Notice of Proposed Action and the 15-Day Waiting Period
When a personal representative has full authority, a probate real estate sale may be able to proceed without court confirmation.
But that does not mean the sale happens without notice.
In many California probate sales, the personal representative may be required to provide a Notice of Proposed Action before completing the sale.
This notice informs interested persons that the representative intends to take a specific action on behalf of the estate, such as selling real property.
For a real estate sale, the notice generally identifies the proposed transaction and material terms, including the sale price and broker compensation.
The timing matters.
The proposed action generally cannot be taken until at least 15 days after the notice is mailed or personally delivered.
During that time, interested parties may review the proposed sale.
They may consent.
They may do nothing.
Or they may object.
If no timely objection is made, the sale may be able to proceed without court confirmation.
If an objection is made, the representative may need to seek court supervision before moving forward.
This is why the 15-day period is not just a delay.
It is a protection period.
It gives interested parties an opportunity to review what is being proposed before the estate completes the sale.
In probate, full authority may avoid court confirmation, but the Notice of Proposed Action helps protect the estate and interested parties.
Disclaimer
This information is provided for general educational purposes only and is not legal advice. Probate procedures may vary based on the facts of the estate, the court, the authority granted to the personal representative, and applicable law. Always consult with a qualified probate attorney regarding a specific estate matter.