Selling a home in the San Diego Probate system

Probate is a legal process that happens after a person dies. The first step is proving in court that the decedent’s will is valid.  After that, an inventory will be done in order to identify the decedent’s property which is then followed by an appraisal of the property.  After paying any debts or taxes owed by the decedent, the remaining property is distributed as directed in the will.

There are times when families have to deal with the probate process when selling a house of a family member such as a parent or close relative. Going through probate is unavoidable when the decedent dies intestate; in other words, he or she didn’t have a trust or will or didn’t designate any beneficiaries with respect to his or her assets. The state then takes over and administers the sale of the property.

The San Diego probate court outlines the process that has to be followed in order to sell the probate property of a loved one that has passed away.  

Here’s where it can get complicated

In cases such as these, the probate court process can be a very complicated due to the involvement of the San Diego probate court. There are a series of court-regulated steps, processes, and procedures that must be carefully followed with respect to the documents involved in the process and deadlines for filing such documentation.

All individuals involved in the sale of the property such as the executor of the state, the estate’s attorney, a real estate agent representing the estate, and any buyers must adhere to all guidelines and deadlines established by the court throughout the marketing, offers, negotiations, and eventual sale of the property.

If the house in question is located in San Diego and you’re living out of state, it complicates the process even further. Therefore, it’s important to find an agent who is experienced in handling these types of probate real estate sales. Probate sales require special disclosures, listing agreements, and purchase contracts. In the state of California, there are standardized forms that are specific to probate transactions.

What you should do first

If you find yourself in the situation of having to deal with probate when selling the home of a loved one, it’s very important that you hire an attorney to represent the estate. There are forms that you must complete, required court appearances, property appraisals, and taxes to be paid.  You’ll want to enlist the services of a trusted law firm to help you successfully navigate the probate process.

At The Law Office of David W. Foley, San Diego probate lawyer, we strive to make the probate process as simple as possible. We understand the issues that you’re facing with respect to probate, and, as such, our goal is to help make this stressful time easier for you and your family.

We are a full service estate planning firm and are committed to providing the best service when it comes to probate, powers of attorney, and other legal services.

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