If you are part of a partition action, or are thinking of bringing an action, knowing the process is powerful. Once each of the owners have been served with the complaint and related materials, and filed their own legally-valid Answers with the Court, then the court will determine the parties' interests in the property. This process can occur through a motion with the court, a trial, or an agreement between counsel about the nature of the parties' ownership interests. Generally, the determination of the ownership interests in the property will occur by a simple reference to the deed on file with the county. Sometimes, however, further investigation may be necessary when there are arguments about ownership interests as alleged in the deed. These arguments are generally based on the differences between joint tenants and tenancies-in-common, or about an agreement that the parties made with respect to the property at issue. You need an experienced partition lawyer familiar with all the nuances of deeds, that will be able to provide insight into the different arguments that can be made about the nature of a party's interests as set forth in a deed. When the ownership interests are determined, this will signal the end of the first phase of the partition action. The formal conclusion of this part will take the form of an interlocutory judgment entered by the court.

This might be helpful for some; State Foreclosure Laws and Homeowner Rights Across All 50 States A quick primer on each state’s foreclosure laws, Judicial or Non-Judicial process, deficiency judgments, pre-sale reinstatements and post-sale redemptive rights https://www.nolo.com/legal-encyclopedia/50-state-chart-key-aspects-state-foreclosure-law.html#50-state-foreclosure-laws-chart

Before probate closes, an heir/beneficiary doesn't own specific real property they hold an expectant, contingent interest in the estate (a right to eventual distribution). You can't get a deed to the house itself yet. What you can acquire is an assignment of the heir's beneficial interest basically, you step into their shoes as the person entitled to whatever they would have received when the estate is distributed. This is done through a private purchase/assignment agreement, sometimes coupled with a "notice of assignment" filed with the probate court so the personal representative and court know to distribute to you (or your entity) instead of the heir. The governing statute: Cal. Probate Code § 11604.5 This is the key law you need to know cold. It applies specifically when a transferee acquires a beneficiary's interest "for value" (cash or other consideration) and it applies with extra scrutiny if you, as the buyer, regularly engage in purchasing beneficial interests in estates for consideration

I emphasize the importance of understanding YOUR states procedure after a property tax sale. This is what I study, do you know your states equivalent? California Code, Revenue and Taxation Code - RTC § 4675.1 Frequently, this is the scenario examine when I ask the question, "If I can't solve the problem BEFORE the tax auction, what happens? Can I position myself to monetize for multiple possible outcomes?

IAEA is shorthand for the Independent Administration of Estates Act. Probate Code § 10400 et seq. The purpose is to make the administration of a probate estate less complicated and time-consuming. It also relieves the court of the burden of myriad simple procedures. We must remember that the purpose of probate is not just to get an inheritance distributed to heirs and beneficiaries, it also is to protect creditors, give notice to various agencies who might have an interest in the estate, and to resolve disputes, among other things. When a person or entity seeks appointment as executor or administrator of a decedent’s estate, one of the first questions to be asked is whether they are seeking “full IAEA authority”. This choice can have a significant impact on the entire course of administration of the estate. An executor is a person or entity named in the decedent’s will. An administrator is generally appointed in cases where there is no will. Sometimes both are referred to as the personal representative of the decedent’s estate. Authorization to administer the estate under the Independent Administration of Estate Act, if granted, authorizes the personal representative to handle most of the tasks of estate administration without seeking court authorization, approval, or confirmation. This means the estate can be more expeditiously and cost-effectively managed. If the IAEA authority is not granted, many of the tasks of the personal representative require specific court authorization, approval or authorization. This costs time, money, and delay, which can be expensive in other ways. For example, the value of an asset may decline over time, a loan may be in default, and family disputes may be exacerbated. The court may grant full or limited IAEA authority. Limited Authority allows the personal representative to do most things except sell real property or borrow money when the loan is secured by real property. Even with full IAEA powers, the personal representative must give notice of proposed action for some actions, such as sale of real property. When a particular action might give rise to a contest later, best practice is to give the notice and find out at once whether someone will object. Moreover, if the notice is given and no one objects, their right to object later is curtailed. And of course, beneficiaries can consent to the proposed actions which will make things move along at a more rapid clip.