California Notice of Proposed Action -- Form DE-165

[@sherrywilson4094]

Very helpful…thank you!!😊

[@ralph1269]

Very helpful! As personal administrator for my father's estate, I was just was wondering what happens when an heir clicks the OBJECTION box.

[@janeinecunningham116]

If the heirs/executors (per will) were also named as personal representatives of the estate and everyone consents to the proposed action, does the DE165 still have to be filed with the court before the final disbursement hearing takes place?

[@AlDavLaw]

If you are in California, you must have an order from the court before disbursing any assets from a probate estate. However, the use of a notice of proposed action is always optional. This is merely a procedure a personal representative may use if they choose to do so to obtain pre-approval for an intended action.

[@janeinecunningham116]

@@AlDavLaw Thank you for the quick response!!! Your videos have been SUPER AWESOME and extremely helpful throughout this entire process for my family. Thanks for being "for" us ordinary people out here :-) ! A+++!

[@AlDavLaw]

@@janeinecunningham116 You're welcome!

[@rbeard6878]

I have found all your video's helpful in guidance during the loss of my later partner, being the personal representative of the estate. The only un-assigned asset without a beneficiary was the recently purchased condo. I've been working the self help process in Riverside Co. The heir do not want the condo, and have agreed to allow me to purchase it for the price their father paid, which is also the probate referee appraised value. I'll have them complete a De-165 and file with the courts to proceed with the purchase. However, I noticed no walk through on how to complete a DE-260 (Nor able to file much on it while googline). Do you have any resources that could assist direction on how to accurately complete?

[@jillspady6450]

If the Beneficiary signed a NOPA can that be challenged after the fact, such as, they signed under duress? Ir the Trustee failed to complete an action?

[@AlDavLaw]

Can you challenge a signed NOPA? Yes. Will it be successful? Not likely. Most courts like finality. However, the Probate Code does require that all material facts be disclosed. So if something material was not disclosed that could be a basis to challenge a NOPA. If the Trustee fails to complete the action under the NOPA, then there is no protection from a later claim of breach. As always, you should talk to a lawyer about your specific issues to obtain specific answers to your questions.

[@barbarahendricks8715]

What do you mean "technically they are not supposed to represent themselves"? I was under the impression that while it's probably a good idea to have a lawyer for probate, it's NOT mandatory.

[@AlDavLaw]

Anyone appointed to act as an executor, trustee, or agent (under a power of attorney), is required to be represented by an attorney. If you are petitioning in your own individual capacity, then you can represent yourself. Having said that, many probate courts will allow family members to appear and be appointed as an executor without requiring them to be represented if it is a straight forward probate administration, but that is up to the discretion of the judge.

[@JUICYTBONE]

I am an executor and beneficiary of an estate. My family agrees to let me buy the house. How do I do this in Virginia

[@trishp.8903]

Is this form needed if the house is not being sold? Thank you in advance.

[@AlDavLaw]

Not usually. But a Notice of Proposed Action can be used to inform beneficiaries of any number of actions, not just a property sale. Having said that, if the house is being retained and will be distributed to the beneficiaries of the estate, then a Notice of Proposed Action is not typically used. This is just general information. To obtain advice about your specific situation, you should consult with a California probate lawyer.

[@trishp.8903]

Thank you for your reply@@AlDavLaw

[@AndresTalamantes]

If the consent is signed at the bottom, is having the only heir sign an additional waiver of notice of proposed action even necessary?

[@AlDavLaw]

Not necessary in most cases, but doesn't hurt. This form is meant to give every heir, even if there is only one, a fair chance to be informed of an action and to either consent or object to it.

[@AndresTalamantes]

@@AlDavLaw thank you

[@JanisBishop]

If there are 2 beneficiaries - one is receiving a single item of tangible property, and the other is receiving everything else (including real property, cash, etc. - residual estate). Does the beneficiary who is receiving tangible property and not impacted by the sale of the house still have to receive a Notice of Proposed Action?

[@AlDavLaw]

That can be a tricky question. The whole reason for using the Notice of Proposed Action procedure is that is stops beneficiaries from objecting to the sale at a later date. As a result, you may want to consider giving everyone notice of it to be on the safe side. However, there could be reasons not to do so in the example you are giving. It really depends on the facts and circumstances. You should consult a lawyer to answer your specific question.

[@Marysiewert]

why +166