Probate Real Property: Summary of California Probate Real Property Sales

SALE OF REAL PROPERTY IN PROBATE:

  • 2 methods: notice of proposed action and court confirmation

  • Property sold “as is” 

NOTICE OF PROPOSED ACTION:

  • Requirements:

    • Personal representative must have full IAEA (Independent Administration of
      Estates Act) authority

    • At least 90% of appraisal amount

  • Process: reach agreement for sale, then send notice to all beneficiaries of sale and sale terms, if all beneficiaries agree – no court confirmation necessary

    • Much easier – used when family is close/no disagreements

COURT CONFIRMATION:

  • Requirements:

    • Marketing

    • Publication

    • 90% of appraisal price

    • Filing fee

  • Publish notice of sale, file petition with Court to confirm, hearing date where other buyers can make “overbids”

COURT CONFIRMATION HEARING:

  • Overbids must be approximately 5% higher than sale price – initial overbid price will be listed in petition to confirm

    • Large advantage to be initial bid selected by seller (estate)

  • Overbidder must bring certified funds for 10% of sale price

    • Attorney will “qualify” overbidders in hallway prior to hearing

  • If overbidders – judge essentially acts as auctioneer

  • Overbidders must be able to actually close!! – substantial potential liability if they cannot close (lesser sale price, additional costs and attorney’s fees in starting process over again)

COMMISSION – ALSO SUBJECT TO COURT CONFIRMATION:

  • Usually 5% - most counties have rules that commission cannot exceed 5%

  • With raw land, commission can be higher

TAXES:

  • No capital gains – property receives “step up” in basis after death

OTHER REALTOR CONSIDERATIONS:

  • Cleaning up/cleaning out property

    • Very helpful to have “go-to” people – particularly when family not local

  • Fixing up property

 

QUESTIONS? CALL VITTAS LAW FOR A FREE CONSULTATION! 424.276.6091

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California 101: Brief Summary of Probate Process & Procedure