Prior to Listing:  Check with either personal representative or attorney to see if:

 Power of Sales: Will contains power of sales clause.

 No Power of Sale: No power of sale in Will or no Will.

 Notice of Sale: Sale of real property must be published (attorney to prepare)..

 IAEA Powers:  Personal representative has full IAEA powers.

 Limited IAEA Powers:  Personal representative has limited IAEA powers if so, attorney must mail Notice of Proposed Action Re Intent to List Property

 Property Specifically Bequeathed: If so, contact attorney

 Appraisal: Check Appraisal report

 Exclusive Listing Agreement:  Consider exclusive listing agreement.

Sign Listing Agreement

 Full IAEA Powers:  Sign exclusive right-to-sell list agreement without giving notice.  (Do not need order authorizing execution of exclusive right-to-sell listing agreement)

 Limited IAEA Powers:  Contact attorney to obtained order authorizing execution of exclusive right-to-sell listing agreement.

Market Property & Accept Offer

 If Sold Using Full IAEA Power:  Notice of proposed actions must be sent to heirs/ beneficiaries before escrow can close.

 If Sold Using Limited IAEA Powers:  Court confirmation required.

Close Escrow

 If IAEA Sales:  Escrow will need executor’s/administrator’s deed, copy of Notice of Proposed Action and attorney opinion letter.  Escrow may also require certified copies of proof mailing notice of Proposed Action Order for Probate and Letters.

 If Court Confirmation:  Escrow will need executor’s/administrator’s deed and certified copy of order confirming sale.