The Notice of Proposed Action
The Notice of Proposed Action, also known as the NOPA is a document that your attorney will draft when there’s some type of an action that’s going to occur, such as the sale of the decedent’s home, and your attorney is notifying, on your behalf, all the beneficiaries. An experienced probate real estate broker, like me, will work with your attorney by providing the detailed information regarding the proposed sale of the decedents home to the attorney. This notice informs the beneficiaries that you, as the executor or administrator, will be taking some type of an action that affects the estate, such as the sale of the home. The NOPA, once mailed to all of the beneficiaries, expires after fifteen days. When all the beneficiaries do not object to the proposed action during the time allotted, the 15 days, then you are safe to go forward with the action. I will also monitor the timeline to be absolutely certain the the Notice of Proposed Action was successfully delivered and expired before the completing the sale of the decedents home. Another thing to be aware of regarding the NOPA is that to shorten the timeline from the fifteen days is to request the beneficiaries simply check a box that they consent to the action that you’re about to take, sign and date the NOPA, and return it to the attorney.
To revisit the mailing of the NOPA, in most cases, that notice is going out to the people, the loved ones, that are connected to the person who has passed away. Its primarily family members or friends, but occasionally there’s an entity involved. To touch on that a little bit, sometimes the decedent will leave a will and as part of the will may address that there’s an entity as a beneficiary. Experience has been that an entity, some type of a charity similar to the Humane Society or a religious organization, a group that’s close to the decedent’s heart, is named in the decedent’s will. The written will bequeaths a portion of the decedent’s estate to this entity. The decedents beneficiaries do not necessarily have to be family members; friends can be named in a will. With the exception of creditors that s the only way that someone that is not a family member can have some type of a claim on any portion of the decedents estate.
It’s never too soon to contact me to talk about your options and the steps that will need to be taken regarding the decedent s home. Feel comfortable calling me at 619-741-0111.