GUIDING YOUR JOURNEY
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.