Grieving for a loved one is tough. And having to deal with the task of selling their property tends to add even more stress. Especially if you have to go through probate.
While the typical process of selling a California home tends to be involved, selling a property in probate can really complicate things.
But it doesn’t have to. There are ways to simplify.
Here’s how to make selling a house during probate in California easier:
Typical Probate Process: 8 Steps
As you can see below, the typical process for selling a property while in probate has a lot of steps.
- Get the property appraised by a certified appraiser.
- Petition the court and wait for approval before you can put the home up for sale.
- Put the house up for sale.
- Once you receive an offer, you have to let the buyer know that the property can’t be sold until you get confirmation from the court.
- Petition the court for a hearing so you can confirm the sale.
- Advertise the sale in a local paper. This enables open bidding at the court hearing so you can get the best price.
- Attend the court hearing, which functions similarly to an auction sale.
- Complete the sale.
IAEA: A Time and Hassle Saver
Thankfully, the California Independent Administration of Estates Act (IAEA) was created to make the probate process quicker and easier.
These set of laws make it so any personal representative may apply for court granted authority to sell the estate without having to go through the lengthy process of court approvals.
If approved, the court will give you the full or limited authority to act as legal executor of the estate through a document called a Letter of Testamentary, which is sometimes referred to as a “Letter of Administration” or a “Letter of Representation.”
It is important to note that a decedent can prohibit an estate to be administered under IAEA. (Cal. Prob. Code Section 10450)
Making the Process Even Easier
If you’re trying to sell a house during probate in California, a professional home buyer can help you make the whole process much easier.
Most are well-versed in the probate process and can walk you through everything and help you with any snafus you may encounter.
They can also buy your property for cash as-is so you don’t have to worry about repairs. And they can close as quick as seven days, making it a much speedier endeavor.
If you have any further questions about the probate process, we’re happy to help. Just give us a call at (559) 471-3333, or fill out the form below and we’ll get back to you.
Please note that this blog post isn’t intended as legal advice and you should consult an attorney.