As Certified Probate and Trust Specialists, we know that selling a Property after the passing of a loved one can be an overwhelming task.
So, if you’re looking for Probate Real Estate Agents to represent you in your transaction, it’s important to work with professionals who understand the legal issues involved.
Generally, when someone passes away in California and owns real property not held in a Living Trust, a Joint Tenancy, or Community Property with the Right of Survivorship, the Probate Code establishes certain rules and procedures for the sale of the Decedent’s property.
Think of Probate as a “title clearing process.” It provides for supervision by the Probate Court which makes sure the Decedent’s property is correctly accounted for and distributed as intended or as governed by statute.
And since the Court is involved, Probates will require, among other things, certain deadlines, Court filings, and legal notices.
That means you need a Probate Real Estate Agent who knows the difference between a “Full” and “Limited” authority Probate.
You also need a Probate Real Estate Agent who understands how the 90% rule applies, what type of purchase agreement and other documents to use, what disclosures are required, if there will be an overbid process, and so on!
For these reasons, it’s also important you work with a Probate Real Estate Agent who is familiar with the procedure on the buy side too or you could end up wasting a lot of time and money.
So if you have a property in Probate or a Trust that you’re interested in selling or buying please let us know and we’d be happy to help!
