Probate is required for anyone who does not hold the title in a trust. Therefore, the 1st thing a probate specialist will do is pull the grant deed to the property to see how the title is held. If not in a Trust, then must go to probate.
If the title is in a trust, then the successor trustee is the person in control
If the title is not in a trust, but there is a will, then the court will assign a personal representative for the estate known as the executor.
If the title is not in a trust and has no will, then the court will assign a personal representative for the estate known as the administrator.
Probate in California takes a minimum of 9 months to 1 year.
Get an attorney to file a petition for probate or you can represent yourself as “In Pro Per”.
Notice of 1st hearing date (5-6 weeks) is published in the newspaper.
Judge issues order for probate
Letters testamentary or administration issued by the court
Duties & Liabilities of Personal Representative (2-8 months)
Issue Bond (in case PR commits fraud)
Closing (2-3 months)
Note heirs & attorney do not get paid until the end of the probate
The executor or administrator of the estate can sign a 90-day listing to sell the property once the court has issued the order & letters for probate.
Why Choose Inheritance Realty for Your Probate Real Estate Needs?
