Frequently Asked Questions:

I have real estate to sell do I need a Probate?

In California Probate is necessary when a decedent dies testate (with a Will) or intestate (without a Will) and their California estate is valued in excess of $150,000.

I have real estate to sell and the decedent had a formal Trust, do I need a Probate?

Probate is not necessary if the decedent had all the assets held by the Trust.

Can I sell the Estate home and other rental properties before I’m approve to be

the Executor or Administrator?

Yes, It’s a matter of adding a clause to the purchase contract stating that the sale is subject to the court approval of the Administrator/Executor. By the time you receive Executor or Administrator approval with Full Authority the sale is almost ready to close. If approval doesn’t happen, the sale stops.

The difference between Administrator and Executor?

In a Will, the decedent names an “Executor” to act as the estate’s personal representative (PR).If there is no Will or decedent failed to name an Executor, the court will appoint a personal representative called an “Administrator”. The personal representative can be any interested person, including a family member, friend or creditor of the decedent.

When is a bond required?

A bond is required when a Will does not waive a bond or the Administrator lives out of state. The cost of the bond will depend on the credit score of the Administrator, the value of the estate minus any mortgages.

Do I need court confirmation to sell the real estate?

In most cases no. Only in certain instances will court confirmation be required.

Today about 80% or more of Probate sales are under the Independent Administrations of Estate Act without Court supervision. This is less costly, saves time and allows all buyers to submit an offer.

What are Letters of Testamentary and Letters of Administration?

Letters of Testamentary are given to an Executor. Letter of Administration are given to an Administrator. The letters are official documents that the Executor/Administrator will present to the banks, Title Company and real estate agent to show that you have Court authority to act on behalf of the decedent’s estate. This allows you to sign at the sale closing the grant deed which you are not on title. The Title Company will require a certified copy of the Letters before you can close on the sale of the real estate.

How long does Probate take?

The average probate takes about seven months. Some can take longer. The good news is that you can sell the estate properties upfront and can have the cash sitting in the estate bank account which will allow the process to move faster as all creditors and fees can be paid. You can also save on attorney fees if you have a high loan on the property. Ask us about this.

Can I borrow on the Probate Real Estate during Probate?

Yes, our team can arrange for a loan to the estate with low fees if there is a need for money or an heir wants their share and out. Don’t use the companies who buy shares as they will give less than 50% to the heir share. There is a better way. Ask us about this.

I am going Pro Per without an Attorney, is that the right move?

If you are trying to save money, it’s best to go with our service where our Estate Attorney will work with you mostly through our Paralegal and save you thousands of dollar in costs. Most importantly, the process will be done correct and on a timely manner. Ask as about this.

How can I protect myself from the heirs claiming I sold the real estate too cheap?

Under the Independent Administrations of Estate Act sale process you will have a document prepared by the estate attorney which is called the Notice of Proposed Action. This is the document which goes to any heir who has interest in the estate property being sold and they have two weeks to contest the sale and if they do not contest the sale they have given approval of the price and terms. This will be your insurance policy that the heirs were in agreement with everything about the sale.

If you would like to discuss your probate issue, call, text or email us to set up an appointment for a free consultation.