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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118710
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I have a probate where I am waiting for a waiver of notice

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I have a probate where I am waiting for a waiver of notice from a foreign citizen confirm an administrator. Meanwhile, there is a short sale on a property where the decedent loaned a purchase money loan of $53,000. The estate has been offered a 10% settlement on the debt if the sale goes through, but there is no one yet named to administer the estate. This is in California. How do I get into a court and get the court to approve this to perserve the Estate's assets here?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

As an heir and prospective administrator of the estate, you can file a motion in the probate court asking for approval of the estate sale based on preserving the estate. At this point this is all you can do, since you do not have the waiver back and this is an emergency issue to preserve the assets of the estate as much as you can. There is nothing more you can do without being administrator, as I am sure you already knew based on your question.

Legally this is one of those tough situations, but any heir or beneficiary of the estate can file a motion with the probate court to preserve assets of the estate for the heirs.

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