Probate, Decedent Trust & Conservatorship Sales
4/4/2012--I recently helped a buyer on a Probate Sale property which did not require any court confirmation and the transaction was very smooth. This particular transaction required a 15 day notice to the heirs of the purchase terms which was easy since the buyer had to do his due dilligence and inspections anyways. Despite the fact that the probate appraisal was very high, the heirs agreed to a lower purchase price. Pictured left is the picture of the Santa Clarita Probate Sale property which closes in April 2012.
As a Real Estate Broker, I work with both buyers who want to purchase probate properties as well as homeowners who have experienced a death in the family and are now having to go through the probate process. Probate is a court proceeding that administers the estate of a deceased individual. As a Real Estate Broker, I am not able to advise on legal matters so any specific questions regarding the probate process should be referred to an attorney. This is a team effort so attorney's handle all the legal matters and Realtor's handle the real estate sales. Typically, with probate, decedent trusts, or Conservatorship Sales, I will be contacted by either one of the heir of the estate, an attorney handling the administration or sometimes an even from an experienced
Probate Referee whom has knowledge of someone needing assistance from a Real Estate Broker, like myself experienced in Probate Sales as well as probate sales of properties in the foreclosure or the short sale process.
I love assisting California homeowners with Probate Sales since the legal process of probate is a highly regulated process scrutinized by the Court to keep the individual representing the estate honest and to ensure that all matters are handled in accordance to the last wishes of the decedent. In a situation where the decedent has transfered all of his or her assets into a trust, all of the heirs must rely on the honesty and integrity of the successor trustee(s) to comply with the terms of the decedent's trust agreement.
Since the Sale of Probate Real Estate is a specialized field, I highly recommend that you use a highly rated and experienced Realtor. The areas I serve are the San Fernando Valley, Santa Clarita Valley and Simi Valley. I enjoy probate transactions because it gives me an opportunity to work with other industry professionals, develop new business relationships and develop future growth.
Probate is the court supervised administration of a decedent's estate. In other words, when someone dies, Real Estate or other property may need to be sold to effect the correct distribution of assets pursuant to the will or merely to pay debts. It is important to seek legal advise from an experienced estate attorney to discuss the specific situation. Being a real estate broker, my role is limited to assisting in the sale of the real estate. I work closely with the attorney, probate referee, administrator or executor as well as all the other parties involved like the heirs, the court, and others.
A common question asked is "Can you do a short sale through probate?" The answer is that it may be possible if the lender is willing to cooperate and also the court must approve the request the property be sold. It is important to seek a legal counsel from an attorney experienced in probate estates to answer specific questions about your individual situation. Probate is a team process and as a real estate broker, my role on the team is the handling of the real estate portion as well as handling the negotiations with the mortgage companies during the process.
The probate process is a lengthy process so it is important to engage licensed professionals to assist you. If there is a property involved which you need to sell as part of administration of a probate estate, contact me immediately as I will be able to help you with the real estate portion of the Probate. Together with the assistance of the other member of the probate team, we can help you get through this difficult and emotional time. With experience, hard work, generocity and empathy, I can help.
The information contained herein is intended to provide general information and is not intended as a substitute for individual legal advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney.
Probate, Decedent Trust & Conservatorship Sales | Real Estate Broker, Jason Hector.