Probate Process Overview

  •  In the absence of a Living Trust, the family may need to go through the probate process to sell a property after the passing of parents.
  •  I offer assistance in demystifying the probate process and facilitating the sale of the property.

Referral to a Probate Attorney

  • If the family hasn’t obtained a probate attorney, I can refer them to someone who can guide them through the
    process and provide information on timelines.
  • The attorney will file a petition of probate, and the response time is typically 30-45 days.

Costs of Probate

  • Fees for probate are set by the State of California and are paid to the attorney, administrator, or executor at
    the end of the probate period.
  • These fees are covered by the proceeds from the sale of the property, and whatever remains is distributed to
    the heirs through the court.

Timeline for Selling the Property

  • The property can be listed for sale after the attorney has received the order of probate and letters of
    administration, typically about 45-60 days from the initial court filing.
  • Contract (Residential Listing Agreement and Probate Listing Addendum and Advisory) can be entered into
    to get the property on the market and sold with me.

Encouragement for Future Planning

  • I encourage individuals to consider creating a Living Trust to avoid potential probate issues for their heirs.
  • Many probate attorneys also provide services for living trusts, and having one in place can protect property and
    assets, leaving more proceeds to the heirs.