Probate and Trust Sales
A Process That Brings Expertise, Efficiency, and Empathy

Every situation is different, but some of the first steps that should be taken include:

* Obtain a death certificate of the property owner

* Determine how title was held (what the deed says)

* If property is not held jointly, need to find a copy of the will or trust, if one exists

* Find copies of the mortgage, insurance, property tax and utilities and make sure these continue to be paid, to avoid default or foreclosure

* Consult with a probate or estate planning attorney if you need further guidance

* A Realtor can provide some initial guidance, but certain steps must be followed before the property can be sold.

If the property is held as community property or joint tenants, the property may pass directly to the co-owner. In order to remove the deceased person from the deed, you will need a death certificate, and to take certain steps to transfer the property.

You will also need a "date of death" appraisal if the co-owner was not a spouse.

You may have a new deed prepared by an attorney and filed with the recorder to transfer ownership of the property. Be sure to consult with your attorney and tax preparer/CPA to discuss consequences of transferring title to the property.  It can trigger a property tax reassessment in certain circumstances.

If the property was held in the deceased person's name individually, and there was a will that indicates who should inherit the property, the property will likely need to go through the probate process.

A will is primarily an instruction to the court about what should happen to a property after a property owner's death. 

Consult a probate attorney to start this process, as it can take several months before the property can be transferred to the heirs. If you need a referral, please reach out to us for guidance.

It is important that while this process is ongoing, the mortgage, property taxes, insurance and utilities (if any) continue to be paid. 

If the property was in a trust, and you have a valid copy, that is excellent news. It is possible that transferring the property based on the instructions in the trust will go smoothly and quickly. It is also much more private than the probate process.

Reach out to the attorney who prepared the trust, if possible, or another estate planning attorney, and they will walk you through the process which can include preparing a transfer deed, and recording the property into the beneficiary's name. 

If the property was left to more than one person, you may decide whether to keep the property, sell it, or have one of the heirs do a buyout (pay the co-beneficiaries to come off the deed). 

This scenario will require involvement of the courts.

Consult a probate attorney as soon as possible to learn more about the steps of transferring the property to the rightful heirs (beneficiaries).  If you need a referral to a good probate or estate planning attorney, please contact us.

It depends on how the title to the property was held.

* jointly held: property will transfer to the co-owner on death and can likely be sold fairly quickly.

* held in a trust: property will transfer to the beneficiary (or beneficiaries) quickly and privately and can likely be sold quickly. 

* with a will or no will at all: the property will likely need to go through the probate process. In some cases, this property can be expedited, but it can often take up to 18 months before the property can be sold. 

Contact us if you would like a consultation--we can make referrals to attorneys, CPAs, and any other professionals needed to prepare the property both legally and physically for a successful sale, even if the property cannot be sold for several months.

As a licensed Real Estate Broker, I can provide you information about the steps involved prior to selling property, but because I'm not an attorney, CPA or financial planner, I can't provide advice in these areas. I'm happy to refer you to an excellent attorney, CPA or financial planner in your area.