probate process
Note! The following information should not be relied upon as legal authority. This information should supplement, not substitute, for the advice of competent legal counsel.
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In order to sell real estate, the owner must sign the transfer documents at the close of escrow. If the owner is deceased, a probate court proceeding must be initiated so that the court can appoint someone, usually one of the heirs, to sell the property. The person the court appoints to sell the property is called the executor. If the property is held in joint tenancy or community property or in a revocable living trust you may not need a probate although you should still consult with an attorney to help you with the transfer of the property.
You will need an attorney to start the probate. The attorney fee for a probate is set by law and is a percentage of the estate. Your attorney can calculate the exact fee for you. The attorney’s fees are not paid until the end of the probate.
You will need to supply the attorney with the following documents:
- The decedent’s Will, the attorney can tell you what the law says with regard to who will inherit the decedent’s property.
- A list of the decedent’s property.
- A death certificate.
- The names, addresses and telephone numbers of the decedent’s heirs.
- A list or creditors including paperwork relating to loans on the real estate.
If any loans on the real property are in default, you will need to retain a probate attorney as soon as possible. The attorney will initiate the probate process and ask the court to immediately appoint an estate representative. The estate representative will have legal standing to resolve the loan issues before the real property is sold at the trustee’s sale.
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