Sell My House in Probate or Trust Property in Sacramento CA

How to Sell Sacramento Real Estate in Probate?

When a person passes away, very often the properties and business affairs will be left to the immediate family. Regardless if the decedent did not have a Will, or had a Will, the real estate holding will go through a California probate. Dan Parisi Sacramento’s Probate Realtor that is a Certified Probate Real Estate Specialist will share the basics of how the probate sale process works. The representative of the estate can either choose a real estate agent or probate broker to handle the sale or accept a recommendation of a real estate agent from the probate attorney.

Also, if there was a living trust or other trust and the property was not placed in the trust, the property could go through Probate or a court process. If the house is in the trust name you can get a fair offer with in day and close the sale within 15 days. Or you can get your money when want. We are realtors in Sacramento CA that can help with inherited properties.

“The transfer of property after someone has passed is filled with legal issues, emotions and questions. I’m here to help you through this process. I am a Sacramento Probate Realtor that is a Certified Probate Real Estate Specialist”

Dan Parisi – probate realtor

Here are the steps to be able to sell a property that must go through the probate process.

The process of selling real estate (real property) through probate or trust is a series of court-regulated steps that must be carefully monitored and managed. Deadlines are unforgiving, documentation is specialized and the court’s oversight must be honored throughout the marketing, offers, negotiations and sale of the property.

1. The first probate court hearing and the judge approves the personal representative.
2. The court will give the personal representative of the estate full authority or limited authority.
3. Then the personal representative of the estate will be issued the “Order for Probate”
4. At that time the court will also give letters

The court will issue several variations of the Letters depending on the facts of the case. Here are 2 letter types:

1. Letters of Testamentary are issued when the decedent had a will
2. Letters of Administration are issued if the decedent did not have a will

When the personal representative of the estate has the “Order for Probate” and the “Letters” they can begin the process to sell the Sacramento real estate property of the estate.

To sell a house that is in probate requires a specific process. Create a to do list to help simply stating the steps and paperwork needed. The first probate court hearing and the judge approves the personal representative. Approximately within two weeks (the local court could move slower or faster) from that first hearing the judge will sign the “Order for Probate” (Form DE-140). The Order for Probate provides the name of the personal representative and discloses whether he or she have full authority or limited authority. The probate sale of real property goal is to achieve market value for the home.

The probate judge may require a surety bond. The bond must be filed in order to proceed with the case. Next letters will be given to give the personal representative the power to sell the property.

In most cases, the decedent’s will names an Executor who is designated to handle the distribution of assets, including real property. If no Executor is named, if the named Executor is unwilling to serve or if there is no will, the court appoints an Administrator to carry out these duties.

Selling your property during the probate process

After your loved one has passed away, you may want to—or be required to—sell some of their real estate or other property as part of probate process. In California there is require with few steps and a specific process. Each state there particulars of state law that govern probate, living trust and trust issues. If your estate includes property that you want to sell during the Probate process, it would be wise to use a Real Estate Agent with Probate Experience and training. Knowing the California Probate Timeline will help the owners know what and when to expect things to get done. We can work with a court supervised process to sell your property. Buying a house in probate is very different than traditional home sale. Although the real estate agent will list the property at market value, if the property needs some work, it will sell at a discount to the value of the repairs needed. The estate can make the repairs if they have the time, money and experience to accomplish the property repairs.  The Estate can choose to sell the property in “as is” condition to a real estate investor.

For illustration, a regular realtor may not know the correct probate procedure or to use probate specific forms when completing the sale. Both the correct probate contracts and procedures are the key to a successful final petition hearing. But if not done correctly, the probate judge will not close out probate.

What is the difference from selling a home and selling a probate house?

A standard property sale is just good marketing equals a successful sale. The real estate agent markets the real property to the public as aggressively as possible to attract the highest offer. In addition to that a probate house sales have a timeline that must be adhered to—especially if the sale requires court confirmation. There are many issues that make each Sacramento probate property sale a unique experience. Working with a probate team which includes a Certified Probate Real Estate Specialist will help navigate the process to a successful outcome. Properties in a trust can be simple to sell with just a few extra forms or there can be title issues to work out. Our team will deal with all these issues to make your real estate transaction as simple as possible.

When can you sell a property in a living trust?

The living trust has trustee and benefactor/s. How they work together is important to sell property in a living trust. If trustee and benefactor is the same person makes the whole process of selling a house within a living trust. If one person is the sole benefactor and inherit the title of a home that was in a trust, it is their property and they can sell it.

Selling a property in a living trust is both easy and difficult. One way of how it gets harder is in certain instances, it can make sense for the trustee to sell the home. In this example, if there are multiple benefactors, the trustee can sell the home and the gains become part of the trust. Then the funds will e distributed to the benefactors as stipulated in the trust.

How to Sell Sacramento property in a Living Trust?

What does a Certified Probate Real Estate Specialist do?

A real estate agent that is a Certified Probate Real Estate Specialist (CPRES) will know these probate-specific procedures, timelines and deadlines. A regular realtor could make many costly errors that will create costly mistakes and that could delay proceedings. An estate executor must take specific steps before they list the property for sale. Dan Paris as Certified Probate Real Estate Specialist can help the estate stay with in the courts guidelines.

Started today to sell you home fast and get a written offer with a fair market value bid. There are many issues that make each probate a unique experience. Working with a probate team which includes a Certified Probate Real Estate Specialist will help navigate the process to a successful outcome. Your house sold guaranteed Sacramento when we pay cash and closing costs.

The purchase price in the overbidding process can come with higher fees and a longer time frame. Probate sales have a timeline that must be adhered to—especially if the sale requires court confirmation. The overbidding process for a probate property is done in only a specific process. The court before approving the original buyer’s offer will have the judge will ask if there is anyone in the courtroom who would like to bid on the property. The next bid must be 5% plus $500 above the original buyer’s offer.

Selling the home of a dearly departed family member can be a heartbreaking step to take. But having the right probate realtor on your side can make that difficult task a bit easier to bear.

What are the 2 most important issues to understand when selling a property in a living trust or in probate?

Getting the top dollar price and speed of sale are the two most important aspects when selling a house in probate or in a trust. The two key factors to achieve this is Effective Marketing of your property and Targeting the Correct Buyers for your property. These two factors is where Coffee Real Estate has the knowledge and experience.

The Sacramento probate court

Probate Court: Sacramento Superior Court

he Probate Court is responsible for overseeing the distribution of the assets of persons who have died. The Probate Division of the Sacramento Superior Court also watches over a variety of protective proceedings

Generally, the types of cases which are heard in the Probate Court are one of the following types:

• Decedents’ Estates: The transfer of property that belonged to someone who has died (the decedent).
• Trusts: The administration of living and testamentary trusts.
• Conservatorships: Choosing a person to oversee the finances and/or the care of the older adult or a developmentally disabled adult who cannot take care of him/herself.
• Guardianships: Authorizing a person to oversee the finances and/or the care of a child whose parents are unable to care for him or her.

The Sacramento probate court address:

Family Relations Courthouse
3341 Power Inn Road
Sacramento, California 95826
916-875-3400

Inheriting Homes sold by Coffee Real Estate