Here are the specific steps for selling real estate during probate in Orange County and Los Angeles County, California:
1. Appointment of the Executor or Administrator
- Orange County & Los Angeles County: If the deceased had a will, the probate court will appoint the executor named in the will. If there’s no will, the court will appoint an administrator. This requires filing a petition with the Orange County Superior Court or Los Angeles Superior Court, depending on where the property is located.
2. Obtain Probate Court Approval
- The executor or administrator must file a petition with the respective county probate court requesting permission to sell the real estate.
- Orange County: File in the Probate Division of the Superior Court in Santa Ana.
- Los Angeles County: File in the Probate Court of the Los Angeles Superior Court.
3. Property Appraisal
- A probate referee, assigned by the court, will appraise the real estate. The appraisal will establish the fair market value and is necessary for the sale process.
- Orange County & Los Angeles County: The probate referee is selected from the court-appointed list. You must provide the referee with necessary property details for the appraisal.
4. List the Property for Sale
- Once the court grants approval, the executor can list the property with a real estate agent who is familiar with probate sales in Orange County or Los Angeles County. They will advertise the property as a probate sale and manage offers from buyers.
5. Accepting an Offer
- Once an offer is made, the executor can negotiate and accept it, but the sale remains subject to court approval. This is particularly important in Los Angeles County, where competition for properties can be higher and multiple offers are more common.
6. Petition for Court Confirmation of the Sale
- After receiving an offer, a Notice of Proposed Action must be filed with the court, notifying all beneficiaries or heirs of the pending sale. The probate court in either Orange County or Los Angeles County may need to set a hearing date to confirm the sale if objections are received.
7. Court Confirmation Hearing
- At the confirmation hearing, the judge reviews the offer, and a bidding process can take place in court. Other interested buyers can attend the hearing and submit higher bids.
- Orange County: The confirmation hearing is typically held at the Central Justice Center in Santa Ana.
- Los Angeles County: The hearing is held in the Los Angeles Superior Court, Probate Division, usually in downtown Los Angeles.
8. Notifying Interested Parties
- The executor or administrator must notify all interested parties (heirs, beneficiaries, and creditors) about the sale. Both counties follow the same procedures, but this step can involve publishing notice in local newspapers in Los Angeles or Orange County.
9. Sale Finalization
- Once the court confirms the sale, escrow is opened. The buyer's funds are held in escrow, and the sale proceeds can be distributed according to the will or intestate succession laws.
- Escrow companies in Orange County or Los Angeles County familiar with probate sales will assist in handling the paperwork and fund disbursement.
10. Report Sale to the Court
- After the sale is completed, the executor must file a final report with the court, detailing the sale and how the proceeds will be distributed to beneficiaries.
- Orange County & Los Angeles County: A hearing may be required to approve the final accounting and close the estate.
Additional Considerations:
- Court Fees and Deadlines: Each county may have its own schedule for probate court fees, deadlines, and specific procedural requirements. Be sure to check with the local probate court for up-to-date guidelines.
- Real Estate Agent Expertise: It’s crucial to select a real estate agent with experience handling probate sales in Orange County or Los Angeles County as these transactions are more complex due to court oversight.
Consulting with an attorney who specializes in probate in California is recommended to ensure that all legal requirements are properly met.
At The Aventus Group, led by Daniel Taylor Esq. we recognize the delicate nature of probate real estate sales and are committed to offering expert legal and real estate services to those managing the financial well-being of others. Whether you're a administrator, executor, fiduciary, or attorney, you can trust our team to handle every aspect of the real estate transaction with integrity, professionalism, and care. Contact us today to learn more about how we can support you in your probate real estate needs in Orange, Los Angeles, Riverside and Ventura counties.
