Probate – Planning Ahead

Because the notion of going through probate can be daunting, it’s as good a time as any to review how we work with the heirs of property to ensure that the plans and transactions desired by both the decedent and his/her heirs are best accomplished.

When it comes to passing on property after your death, everyone should have a plan. If you own property in joint tenancy with someone else, or in a living trust, it will not have to go through probate. If you have a will – or if you are intestate, meaning you don’t have a will, according to California law – your estate must go through probate.

If you have a will – or if you are intestate, meaning you don’t have a will, according to California law – your estate must go through probate.

Can the property be sold while it is in probate?
The answer is “yes,” either at a private sale in which the executor of the estate negotiates a transaction with a buyer, or at a public sale where the property is sold at a public auction.

In all such cases, the first question a title company will typically ask is if authority to administer the estate has been granted under the Independent Administration of Estates Act.

Depending on the answer, the title company will request specific information and documentation and without it, the property cannot legally be transferred.

If you have a will, and authority to administer has been duly granted, the title company will request, at minimum:

1. A copy of the above authority

2. A copy of a Notice of Proposed Action as required by the probate code along with evidence that such notice was mailed or delivered

3. Evidence that no objection to the Notice of Proposed Action was received prior to closing

4. Evidence that any owed state or federal taxes have been paid

If there is no will, and authority to administer has not been granted, the information requested will include, at minimum:

1. A certified copy of a final, unappealable order confirming the contemplated transaction be recorded in the public record

2. Evidence that any state or federal taxes have been paid

Settling anyone’s affairs after their death can be a long and wearying job. We will make sure that your real estate transaction is insurable, runs smoothly and closes on time.
If you have any questions regarding probate and would like to learn more, get in touch with us!

About the Author

What sets you apart from the competition?

“I love real estate! It is both my profession and hobby, and I am constantly studying my market space and new strategies to keep ahead. I offer my clients personalized service based on integrity backed up by a track record of success. I bring a great balance of creative and analytical skill sets while applying an intuitive and assertive approach, as each opportunity is unique.”

How did you become so good at what you do?

“Since I was a child growing up in El Segundo, I was naturally drawn to the changing built environment. I was fascinated by new construction and how over the years certain areas transitioned more quickly than others. Once I decided real estate was my calling, I already had a jump-start on the Westside and South Bay markets. By furthering my education with a boots-on-theground approach, I have become an expert in my field.”

How did you become so good at what you do?

“Since I was a child growing up in El Segundo, I was naturally drawn to the changing built environment. I was fascinated by new construction and how over the years certain areas transitioned more quickly than others. Once I decided real estate was my calling, I already had a jump-start on the Westside and South Bay markets. By furthering my education with a boots-on-theground approach, I have become an expert in my field.”

Real estate is highly competitive; how do you maintain a code of ethics?

“Disclosure is non-negotiable. Transparency is vital. In this highly competitive, saturated market the temptation to make a deal may give way to compromises by some agents. I am keen on building relationships that support future recommendations and referrals. I am only as credible as my last deal, so my ethical standing is all I have at the end of each day.”

What has been the highlight of your career so far?

“The relationships I have built with so many great people over these past 12 years. Great relationships have forged the trust needed to grow into additional business and investment opportunities. These in turn have resulted in a growing network of valued clients.”

How do you manage volatility in the market?

“Are you buying a home to live in or investing in residential or commercial property? Each class of real estate offers different methods to reach your goal. I provide added value to my clients by helping them define their goals, protect their interests and meeting— if not exceeding—their expectations. Each transaction requires being well-versed in the particulars that drive the deal.”