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©2020 BY ROBERT E. SILVA 

DRE# 02098888 / NMLS # 1644336

Probate Sales

A probate real estate sale differs in many ways from a traditional real estate transaction. Although it can seem like a daunting process, our staff are experts in probates cases and we can help guide you every step of the way to ensure the property is sold in a timely manner. Below is a general guideline of your typical probate sale.

What is a Probate Sale?

Probate is the legal process for gathering the assets of a deceased person to pay their debts and distribute the balance to their beneficiaries. This is usually a court supervised process which can span from several months to several years depending on the complexity of the case. The following is rough breakdown of the general time frame of a typical probate transaction.

Phase 2: Administration

The Estate Representative:

  • Searches for deceased person's assets and debts

  • Obtains appraisal of all assets

  • Confirms validity of all debts

  • Sells some or all assets to pay valid debts

  • Resolves all claims and debts against estate

  • Resolves inheritance issues, if any

General Timeframe

2 - 8 Months

Phase 3: Closing

The Estate Representative:

  • Prepares final report and accounting for submission to court and beneficiaries for approval

  • Distributes net estate to beneficiaries according to the Will, or the laws of the State of California if there is no will.

  • Closes the case

General Timeframe

9 - 12 Months*

(Depending on complexity of case)

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Phase 1: Appointment

  • Probate Case is filed

  • Deceased person's will is admitted into probate (if any).

  • Court appoints estate representative

  • (Administrator or Executor)

General Timeframe

1-60 Days