Probate & Inherited Property

 Probate is the legal process used to settle a person's estate after they pass away. Depending on how assets are titled, the court may oversee paying debts, transferring ownership and distributing assets to heirs. If real estate is involved, the property may need to go through probate before it can be sold. 

 No. Many homes are held in a living trust or are titled in a way that allows ownership to transfer without formal probate. Whether probate is required depends on how the property was owned and the specific circumstances of the estate. 

A probate sale involves property that is part of a court-supervised estate. A trust sale involves property owned by a living trust and is generally handled by the successor trustee without going through probate. The process, timelines and legal requirements can be very different. 

 In most cases, the court-appointed personal representative or executor is responsible for handling the sale, subject to any court requirements and the authority granted under California law. 

 If you don't already have an attorney or CPA, we're happy to introduce you to experienced probate professionals we've built trusted relationships with over the years. 

 Yes. Homes that have been vacant often require some additional attention before they're listed. We'll evaluate the property's condition, recommend any improvements that may be worthwhile and help coordinate trusted vendors if work is needed.

Before making major decisions, it's important to understand who has legal authority over the property, whether probate is required, whether there is a mortgage or other liens, and what responsibilities come with owning the home. Working with an experienced probate attorney and a real estate professional early in the process can help you understand your options.

 Many inherited homes have multiple beneficiaries. Before the property can be sold, it's important for everyone involved to understand their legal rights and responsibilities. Open communication and early coordination often help avoid delays during the sale. 

 That depends on the ownership structure and the legal circumstances. Disagreements between beneficiaries can become complex, so it's important to speak with an attorney if everyone does not agree on how the property should be handled.

 Every situation is different. The person living in the property may have legal rights depending on their relationship to the estate and other circumstances. Before taking action, it's important to understand those rights and seek legal guidance when appropriate.

 An existing mortgage does not automatically prevent the property from being sold. The loan is typically addressed through the sale or other arrangements made by the estate. Your lender, attorney and escrow company can help determine the appropriate steps.

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 Yes. If the property needs repairs, estate clean-out services, junk removal, landscaping or other work before selling, we can help coordinate those services through our trusted vendor network.