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Firstly, our team at Josh V Realty would like to offer our deepest condolences to you and your family. This can be a very stressful and difficult time for many people. Rest assured that our team is ready to help you during this time, and we are here to answer all of your questions.

People who have recently inherited a property often find it a hassle trying to figure out what to do with a home they just inherited. You may visit our blog You inherited a probate property, now what do you do? for other options but, one common and efficient solution to freeing yourself from a property you do not want to manage, is to sell the home through probate court.

Many families erroneously believe that inheriting a property is as simple as it appears to be in movies with an official reading of the deceased’s will. The reality is that it is not that simple. 

First of all, it is important to note that it is illegal to clean, discard items, hold a yard sale, or list the home for sale until you or a family member has been named an authorized representative, that is, the executor of the estate. Who would have thought that it would be illegal to do so for their parent’s home? This is obviously a very important fact to be aware of.

In order to be granted authority as the executor of the estate, you must be granted permission by a probate court. For that to happen, you need to file a petition.

In preparation to open probate on the decedent’s estate, you will need a death certificate, a will (if there is one), and a good probate attorney. Hiring a lawyer who specializes in probate should not be overlooked. Only an experienced probate attorney will know the specific documentation and procedures that the probate court requires. We will refer you to an experienced probate attorney.

 

Once you have all the proper paperwork, your attorney will file the probate petition and your court date will be set. Be aware that the date may be weeks or a few months in the future. 

This petition is important in order to be granted authority to proceed with anything regarding the estate, so it is important to note that the sooner you get started, the sooner you can move forward. While you are waiting for the court date, you cannot legally take any action with the decedent’s estate, this includes making any repairs or even handing out any heirlooms as directed by the will. It is best to consult with your probate attorney before proceeding with the maintenance of the property to ensure the legality of those procedures.

Once the first court date arrives and assuming everything was filed correctly, the court will have signed a court order that states you are now the personal representative of the estate. The court clerk will issue Letters of Administration if there is no will, or Letters of Testamentary if there is a will.

Those letters grant you the right to transact business for the estate. 

Does My Real Estate Agent Need Probate Experience?

Does My Real Estate Agent Need Probate Experience?

When a loved one passes away, the last thing you want is to "sign here" 100 times, go through legal processes, and make tough decisions about their property.Grieving is an emotional process. It takes time.Probate — "the court-supervised legal procedure that determines...

What is the time period to probate a will?

What is the time period to probate a will?

Selling a home in itself can be stressful. Still, if you are an heir to a property in California, there is a timeline of actions that can be downright overwhelming, especially following the loss of a loved one.  In the state of California, depending on the situation,...

You can find the Probate Property Sale Procedure in our blog. It’s a good idea to learn about the probate process so you can be ready and know what to expect.

Our team of probate real estate agents is ready to answer all of your questions and help ease this process.

Josh V Realty has over a combined 100 years of experience in handling probate real estate.

Call us today, you’ll be glad you did!