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Do All Heirs Have To Sign?

All of the heirs must sign. The only way to get around a deadlock like this is to have the succession representative sell the house.

What happens if a heir does not sign for probate?

If the heir does not sign the consent, then the probate court will send formal notice to the heir and provide them an opportunity to object to the probate petition that was filed. If the heir wants to file an objection, then he or she must move quickly because the deadline is typically shorter than two weeks.

Do beneficiaries need to sign a release?

While trustees may request a release under California Probate Code Section 16004.5, the beneficiary’s release must be voluntary.

What happens if an heir does not sign the will?

If an heir fails or refuses to sign & return the Acknowledgement & Consent, this does not prevent the probate of the Will. It only forces the petitioner to follow through with formal service of the petition & Will on the heir.

What happens if one sibling refuses to sign off on probate?

It’s not entirely clear at what point you are with the probate but it seems like what you’re saying is a probate needs to open, it’s you and your oldest sister seeking to be appointed executors and the one sibling won’t sign off.

Can a house be sold without an heir’s approval?

The owner’s personal representative can sell the house, and does not need the approval of the heirs (although an heir could object that the sale was not for sufficient value, or was defective in some other way). * This will flag comments for moderators to take action.

What happens if an heir files an objection to probate?

If a written objection is filed by the heir, however, the court will schedule a hearing date and the parties will have an opportunity to submit their arguments to the court. Thereafter, the court will render a decision, granting or denying the petition to probate the Will.

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