Ask Phyllis: a blog series of frequently asked real estate questions.
Selling a home in probate
I will be inheriting my uncle’s home, but first, it needs to go through probate. How does this affect selling it, and what steps should I take to manage the process? John
Dear John,
Selling a Los Angeles County home in probate presents unique challenges due to the legal oversight involved. The probate process requires close coordination with attorneys and real estate professionals experienced in probate transactions. The Los Angeles County Superior Court supervises the entire estate settlement, ensuring debts, taxes, and assets are appropriately managed before distribution to heirs.
The process starts with filing a Petition for Probate. The court then appoints an executor or administrator. Under California law, this person gathers assets, pays debts and taxes, and distributes the remaining estate based on the will or state law. A court-approved appraisal ensures the home sells at fair market value.
In my experience, probate proceedings take around six months to close escrow but can be extended if court approval for the sale is required. In Los Angeles County, overbidding is a key aspect of probate sales. An accepted offer is only the first step when court confirmation is needed. The sale must be publicly advertised, allowing other buyers to submit higher bids. This process can raise the final sale price but also adds uncertainty, which may discourage some buyers.
Successfully handling a probate sale requires planning and strategy. Sellers must meet court deadlines and manage potential delays. A real estate professional with probate experience can help streamline the process and ensure legal compliance.
While probate sales are complex, the right approach makes them smoother and more successful. Knowing the steps and preparing for challenges helps executors and beneficiaries achieve the best outcome while following court rules.
