Guiding You Through The Probate Real Estate Process

What is Probate Real Estate?

Probate real estate refers to the sale of property owned by someone who has passed away. When a person passes away without a Living Trust or with real estate titled in their name alone, the property goes through a court-supervised process called probate before it can be sold or transferred.

Executor (When There Is a Will)

  • Appointed By: The Probate Court, based on the Will

  • Authority Comes From: The Will and court appointment

  • Duties Include:

    • Carrying out the instructions in the Will

    • Managing the estate’s assets

    • Paying outstanding debts and taxes

    • Distributing property to beneficiaries as directed in the Will

Administrator (When There Is a No Will)

  • Appointed By: The Probate Court

  • Authority Comes From: California’s laws of intestate succession (when someone dies without a Will)

  • Duties Include:

    • Identifying and valuing the estate’s assets

    • Paying outstanding debts and taxes

    • Distributing property to heirs according to California law

Full Authority (Full IAEA)

  • Follows the Independent Administration of Estates Act (IAEA).
  • No court confirmation is required for the sale.
  • Proceeds like a standard real estate transaction.
  • Typical escrow period: 30 days.
  • Executor/Administrator has the power to:
    • List the property.
    • Accept offers.
    • Sign contracts.
    • Close escrow without court approval.
  • Still subject to:
    • Proper notice to interested parties.
    • Potential objections from heirs or beneficiaries.

Limited Authority (Limited IAEA)

  • Also under IAEA, but with more court oversight.
  • Court confirmation is required for the sale.
  • The sale process includes:
    • Accepted offer must be submitted to the court.
    • A noticed confirmation hearing is scheduled.
    • The property is subject to overbidding at the confirmation hearing.
  • The process often takes longer due to court scheduling
  • Additional legal fees and procedural complexity may apply

Required Documents for a Successful Probate Real Estate Sale

Certified Court Letters

Certified Copy of Letters of Testamentary or Administration

Estate's Edentification Number

Needed for tax reporting purposes

Attorney Letter Confirming No Estate Tax is Owed

Needed for Escrow

Death Certificate

Certified Copy of the Decedent's Death Certificate

Why Work With a Probate Real Estate Specialist?

Navigating the probate real estate process can be complex and emotionally overwhelming. Our experienced team supports you with expert guidance and comprehensive real estate solutions tailored to probate and trust sales. 

 

We provide:

  • Full-Service Property Solutions – Including complete cleanout of the home, garage, and yard, at no cost to you
  • Collaboration with Legal Professionals – We work seamlessly with your Attorney or Fiduciary
  • Court and Deadline Sensitive Transaction Management – Ensuring every step is accurate, timely, and compliant
  • Clear, Transparent Communication – Keeping all parties informed from listing to closing

Whether you’re an executor, administrator, attorney, or fiduciary, you don’t have to handle this alone. 

Contact us today to schedule a consultation and receive expert, compassionate guidance throughout the probate real estate process

CLICK HERE...for a COMPLIMENTARY Step-by-Step Probate Real Estate Checklist
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