Probate Process

SELLING REAL ESTATE DURING PROBATE

Selling a property during probate can be a complex and challenging process.
At THE AVENTUS GROUP, we specialize in helping individuals navigate this unique situation with expertise and compassion. Our experienced team understands the legal requirements and sensitivities involved in probate sales, and we are dedicated to providing professional guidance every step of the way.

THE PROCESS

1
PHASE #1 | APPOINTMENT PHASE
2
PHASE #2 | ADMINISTRATIVE PHASE
3
PHASE #3 | CLOSE PHASE

PHASE #1 | APPOINTMENT PHASE

Phase Time Period: Months 1-2

START: FILE PETITION FOR PROBATE
  • Notice of 1st Court hearing date published in newspaper
Weeks 5-6: HEARING DATE
Month 2: LETTERS ISSUES BY COURT
  • Order for Probate
  • Duties & Liabilities
  • Issue Bond

PHASE #2 | ADMINISTRATIVE PHASE

Phase Time Period: Months 2-9

Months 3-6: FULL AUTHORITY SALE (IAEA)
  • Interview qualified probate agent/broker
  • Determine list price (no court limitation)
  • Execute a listing agreement
  • Market the property
  • Execute probate purchase agreement (acceptance of the offer)
  • Distribute Notice of Proposed Action - 15 days
  • Open Estate Bank Account
  • Close Escrow
Months 6-12: LIMITED AUTHORITY SALE (IAEA)
  • Interview qualified probate agent/broker
  • Determine list price (according to 90% Rule)
  • Execute a listing agreement
  • Market property
  • Notice of Sale
  • Execute probate purchase agreement (acceptance)
  • Report of sale & petition for Order Confirming Sale
  • Notice to buyer, beneficiaries, interested parties
  • Court hearing and over-bidding process (10% min. overbid deposit)
  • Court order
  • Close escrow

PHASE #3 | CLOSE PHASE

Phase Time Period: Months 9-12

9 MONTHS: PETITION FOR FINAL DISTRIBUTION
10 MONTHS: COURT HEARING
  • Order for Probate
  • Duties & Liabilities
  • Issue Bond
1 YEAR: RECEIPT ON DISTRIBUTION
  • CASE CLOSED

*These timelines are intended to be rough estimates and can vary depending on a number of variables.

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Probate Sales Services

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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, bankruptcy, and receivership administration.
Contact Us

AVENTUS GROUP

DANIEL TAYLOR

Phone

(310) 421-9606

Phone

(949) 484-7620

Email

[email protected]

Address

2115 MAIN ST SANTA MONICA CA 90405 OC Address 100 BAYVIEW CIR STE 100 NEWPORT BEACH CA 92660 CA DRE# 01889109

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