I am a certified Probate and Trust Specialist through the California Association of Realtors.
As discussed in my other page “Why You Should Have a Trust”, sometimes the probate process is the only method available to transfer or sell a property. The probate court, through its processes, determines the disposition of the real property, price, distribution of assets.
It’s never too early to engage an attorney, and you should do so if probate is a possibility or a certainty. It’s also not too early to engage with a real estate agent, though you would typically not sign a listing agreement in the early stages due to the length of time it takes for probate to proceed.
Your attorney and agent can communicate as the process unfolds. When the property is ready to be sold, per court instructions, your agent steps in formally, and you engage them with a listing agreement, usually under the supervision of your attorney.
Probate listing agreements differ from typical listing agreements and require additional documentation. The term of these agreements is typically 90 days, compared to the two-year maximum for regular listing agreements.
More on that later if we have an opportunity to meet and discuss.
From there, if it’s my listing, a probate sale from a marketing standpoint is very much like a traditional sale. I provide all the marketing benefits of a traditional listing, including professional photography, a dedicated property website, and widespread exposure. Just because it’s a probate listing is no excuse for an agent to be thrifty with marketing expenses. My job is to get the most money possible for your inherited property. The best way to do that is using all available tools.
There are two types of probate sales: those requiring court confirmation and those that do not. In my experience, we see many more cases where court confirmation is not required. If court approval for offer acceptance is required, that does add time and complexity which your attorney will help you with. However, so far in my experience, court approval has not been the norm.
My job in this description is not to explain the details of the probate process or what your responsibilities or the possibilities will be. That is a job for your attorney. If you do not yet have an attorney, I’d be pleased to refer you to an attorney I have worked with before and had a good experience. I do not get paid for attorney referrals.
Written by me, not AI.