SoldConservatorship Sales
For Conservators & Professional FiduciariesConservatorship Real Estate Sales
Well-versed in the laws, regulations and procedures related to conservatorships, The Aventus Group understands the conservator’s obligations when selling real property and provides compliant and transparent communication to all parties involved.
As these sales typically involve obtaining court approval, we ensure transparency throughout the sales process, operate with empathy, and maximize the value of the property in the conservatee’s best interest.
Tailored Services
Pre-List Eviction Management
Properties provided vacant at close of escrow yield the highest possible price. With previous experience in real estate law practice, The Aventus Group is uniquely positioned to oversee and manage the eviction needs of trustees, administrators and fiduciaries, ensuring timely completion within budget.
Concierge Capital
Oftentimes, estates lack the available funds to make necessary repairs and maintain the properties administered. Compass Concierge Capital offers eligible clients a 0% loan with no up-front costs or hidden fees to help sellers enhance the marketability of the property and simplify preparing it for sale.
Asset Management
We provide property management services as if it were our own asset. Our team understands the complexities involved in managing property as a trustee, executor or conservator from the outset, and develops management plans that both add value and limit liability to the estate.
Comprehensive Transactional Reporting
Given the complexities of trust, probate and conservatorship sales, documentation and communication are paramount to a successful sale. With multiple parties involved and strict guidelines to adhere to, we provide detailed and periodic updates to all parties involved.
Multi-Platform Bespoke Marketing
From brochures and postcards to professional photography, social media and email, our marketing collateral effectively communicates each property's story and attracts more qualified buyers. Great online first impressions are key in this digital age.
Private Exclusive Offerings
Get twice the exposure and build anticipation among potential buyers. Unique to the Compass brand, each property can be marketed off-market to Compass agents nationwide, then later when the listing goes live on the MLS and aggregate sites.
Selling the Conservatee’s Personal Residence
California gives a conservatee’s home extra protection. The home is presumed to be the least restrictive place for the conservatee to live (Probate Code §2352.5), and the court may authorize selling a present or former personal residence only if the conservator shows a compelling need, by clear and convincing evidence, for the conservatee’s benefit (§2541.5).
Before committing significant resources to a sale, the conservator must notify the court, report whether the conservatee supports or opposes it, and explain why alternatives such as in-home care are not available (§2540). The sale then follows the probate sale rules — notice of sale, the 90% minimum price, a report of sale and a confirmation hearing open to overbids (§2543) — with one stricter twist: the appraisal generally must be no more than six months old at the hearing.
- The conservator evaluates the conservatee’s care needs and what it would take to stay at home, as part of the care plan.
- The conservator discusses the proposed sale with the conservatee and files the §2540 notice with the court before resources are committed.
- Counsel seeks authority to sell, showing a compelling need (§2541.5), or a specific independent power to sell the residence (§2591(c)(2), §2591.5).
- We provide a valuation and sale plan, and the property is appraised so the appraisal is current at the hearing or contract date.
- The home is prepared and marketed; an offer of at least 90% of the appraised value is accepted on court-sale terms.
- The sale is reported and confirmed at a hearing open to overbids — or, under independent power, escrow closes and the final settlement statement is served and filed within 15 days.
Read: Selling a Conservatee’s Home Overbid Calculator See the Court Timeline
This information is general in nature and is not legal advice. Every estate is different — consult your trust and estate attorney about your specific situation.
Conservatorship Sale FAQs
Does a conservator need court approval to sell real property?
In most cases, yes. Unless the court has granted the conservator independent powers to sell, a conservatorship sale requires court confirmation, and the sale of the conservatee’s personal residence carries additional notice and justification requirements.
Do the 90% rule and overbidding apply to conservatorship sales?
When a conservatorship sale requires court confirmation, it generally follows procedures similar to a court-confirmed probate sale, including a probate referee appraisal, the 90% minimum price rule and the opportunity for overbids at the hearing.
How do you protect the conservatee’s interests during the sale?
We work closely with the conservator and counsel to maximize value, document every step for the court, and operate with empathy — particularly when the property is the conservatee’s long-time home.
What does a conservator have to show to sell the conservatee’s home?
Under Probate Code §2540, the conservator must tell the court about the proposed sale, report whether the conservatee supports or opposes it, and explain why the conservatee cannot live there and why alternatives such as in-home care are not available. Under §2541.5, the court may authorize the sale only if it finds by clear and convincing evidence that there is a compelling need to sell for the conservatee’s benefit.
How current must the appraisal be when selling a conservatee’s residence?
If the last appraisal was done more than six months before the confirmation hearing, a new appraisal is required, unless the court finds it is in the conservatee’s best interest to rely on one no more than a year old (Probate Code §2543(c)). The accepted price must still be at least 90% of the appraised value.
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Estate Representation Perfected
The Aventus Group is an attorney-led, fiduciary-focused real estate team at Compass focusing on the sale of multiple asset types involved in trust, probate, conservatorship, partition, bankruptcy, and receivership administration. We maximize value and limit liability for every principal, fiduciary and attorney we serve.
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