Can Heirs Transfer Property Without a Realtor in California?
Full Question:
Answer:
It is possible to purchase property from other heirs without involving a realtor. To dispose of the real property interests of the decedent, the executor/administrator executes a fiduciary deed. After property is probated, the heirs may sign deeds transferring their interest to another.
The administrator is the person who is appointed by the court to be in charge of the estate. The administrator prepares an inventory of all of the assets, locates creditors, pays bills, files tax returns, etc.
The following is a CA statute:
California Probate Code § 9650. Possession and management of decedent's estate
(a) Except as provided by statute and subject to subdivision (c):
(1) The personal representative has the right to, and shall take possession or control of, all the property of the decedent to be administered in the decedent's estate and shall collect all debts due to the decedent or the estate. The personal representative is not accountable for any debts that remain uncollected without his or her fault.
(2) The personal representative is entitled to receive the rents, issues, and profits from the real and personal property in the estate until the estate is distributed.
(b) The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his or her possession.
(c) Real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The person holding the property shall surrender it to the personal representative on request by the personal representative.
