How long does probate sale take in California?

A formal process requires every step of the sales transaction to be approved by the court and can be a lengthy process, typically taking more than 6 months in the state of California. It will also require an attorney, further increasing the cost of the probate.

Are probate sales all cash?

There are some things for buyers to be aware of when moving forward on a probate sale. Almost all sales being confirmed at court are all cash, non-contingent. Even if the original offer has a loan and various contingencies, all contingencies have been removed prior to going to court.

What is a probate sale in California?

A home is sold in probate court when someone dies intestate or without bequeathing their property. When that happens, the state takes over and administers the property’s sale. The court wants to be certain the property is marketed and sold at the best possible price.

Can you sell a house during probate in California?

Sell real estate in California during probate without court approval under the Independent Administration of Estates Act by notifying all beneficiaries 15 days before the sale. The sale can proceed as long as there are no objections from the beneficiaries.

Who is the seller in a probate sale in California?

Probate sales in California do not require the representative to sell the property with the use of a real estate agent. An executor or administrator is the “seller” in a probate sale in California. The probate process is like a non-probate home selling and home buying, with the exceptions discussed below.

Can a personal representative sell a property in probate?

Probate Code §10000 states that “the personal representative may sell real or personal property of the estate where the sale is necessary to pay debts, where the sale is to the advantage of the estate, where the Will directed the property to be sold or where the authority is given in the Will to sell the property”.

Where do I find the probate notice of sale?

The contents of the Notice of Sale can be found in Probate Code Section 10304. A Notice of Sale of real property must be published at least three times over a period of not less than 10 days before the sale, with the third publication at least five days after the first (Cal. Prob. Code 10300; Cal. Gov’t Code 6063a).

What to ask for when selling a house in probate?

Answer: Always ask for full authority when selling a house in probate. You should ask that the court grants your client full authority under IAEA. If you client is granted full authority, then the sale of the house will not be subject to court confirmation.