Detailed Answer
Under California law, when a decedent’s real property is sold as part of estate administration, heirs must sign specific probate forms to authorize the sale and direct distribution of proceeds. The two primary forms are:
- Consent and Waiver of Notice of Hearing on Petition for Order Confirming Sale of Real Property (Probate Form DE-131). By signing this form, each heir agrees to waive formal notice and hearing requirements under Prob. Code §10305, allowing the personal representative to obtain court approval of the sale without a contested hearing.
- Receipt and Release (Probate Form DE-147). After closing, each heir signs this document to acknowledge receipt of their share of the net sale proceeds and to release the personal representative from any further liability related to distribution under Prob. Code §10367.
If the estate qualifies as a small estate (total personal property under $184,500 and no real property other than a decedent’s homestead), heirs may use a Small Estate Affidavit (Probate Code §13100 et seq., see Prob. Code §13100) to collect personal property—but not real property sale proceeds. For real property sales under small-estate rules, a full administration is typically required.
In complex estates or where disputes arise, heirs can sign a Waiver and Consent to Administer Under Independent Administration (Probate Form DE-142) to streamline procedures under Prob. Code §10420. This allows the personal representative to act with minimal court oversight.
Helpful Hints
- Download the latest California Probate Forms from the Judicial Council website.
- Ensure each heir signs and dates forms exactly as their names appear on the will or court documents.
- File signed forms with the probate court and serve copies on all interested persons.
- Keep certified copies of court orders and receipts for distribution in the estate file.
- Consult the county probate clerk for local filing requirements and fees.