Can the Executor of a Will Sell Property Without All Beneficiaries Approving in California?

One of the most emotionally charged situations we encounter in Los Angeles County probate cases is when family members disagree about selling the property of a loved one. A common question is:

Can the executor sell the home without every heir signing off on it?

The answer is: Yes in many cases, they can. But there are important conditions and legal responsibilities involved.

In this post, we’ll break down what an executor is allowed to do under California law, how much power they really have when it comes to real estate, and when beneficiaries do (and don’t) have a say.

What Is an Executor and What Can They Do?

An executor (also known as a personal representative) is the person named in a will to carry out the deceased’s final wishes. When there’s no will, the court appoints an administrator instead. Regardless of title, their role includes:

• Managing estate assets

• Paying off debts

• Filing taxes

• Distributing property to heirs

That also means they’re responsible for deciding what happens to real estate including whether to sell it.

In Los Angeles County, many estates include a family home, income property, or even inherited land. Whether or not that property gets sold is often up to the executor.

When the Executor Can Sell Without Consent

Under California’s Independent Administration of Estates Act (IAEA), the court can grant either Full Authority or Limited Authority to the executor. With Full Authority, the executor:

• Can list and sell real estate

• Doesn’t need permission from each beneficiary

• Must provide Notice of Proposed Action to all heirs

• Must act in the best interest of the estate

As long as no beneficiary objects in writing within 15 days, the executor can move forward with the sale.

So yes — in many cases, they do not need every heir’s approval.

When Beneficiaries Can Object or Block the Sale

If a beneficiary receives the Notice of Proposed Action and disagrees with the sale, they can file a written objection with the court. At that point:

• The executor may need to seek court confirmation to proceed

• A judge will decide if the sale is reasonable and appropriate

• If fraud or bad faith is suspected, the court can intervene

Heirs cannot stop a sale simply because they “don’t want to sell.” Their objection must be grounded in legal or financial concerns that affect the estate.

The Executor’s Legal Duties and Risks

Even though the executor has authority, they still have fiduciary duties — meaning they must:

• Act in good faith

• Get fair market value for the property

• Avoid conflicts of interest

• Keep beneficiaries informed

If they fail to do any of the above, they could be held personally liable. In probate-rich areas like Los Angeles County, where homes are often worth $800,000 or more, that’s a serious risk.

What if the Will Says to Keep the Property?

Sometimes, a will explicitly says the home should be given to a specific heir or kept in the family. In that case, the executor cannot sell it unless:

• The estate doesn’t have enough cash to pay debts

• The court allows it for financial necessity

• All heirs agree to modify the plan

Otherwise, the executor must follow the instructions in the will.

Best Practices for Executors Handling Real Estate

If you're an executor navigating a potential property sale, here are smart steps to follow:

1. Get a Certified Appraisal: Know the fair market value before listing.

2. Notify All Beneficiaries: Use the Notice of Proposed Action to avoid surprises.

3. Document Everything: Keep a paper trail of offers, appraisals, communications, and decisions.

4. Work With Local Experts: Probate-savvy agents (like our team) can help avoid costly mistakes.

Helping Families Move Forward with Confidence

At The Borges Real Estate Team, we specialize in probate real estate across Los Angeles County, where these issues come up all the time. Our role isn’t just to list a home it’s to help families understand their options, stay compliant, and reduce friction during a difficult season.

If you're an executor or beneficiary trying to figure out what’s next, we're happy to talk it through no pressure, just answers.