If you’re an attorney, executor, administrator, trustee or conservator, the real estate side of an estate is usually the piece that stalls everything else. The house has to be secured, cleared, priced, marketed and sold on a timeline that fits the court or the trust, and the family is often dealing with loss at the same time.
I’m Matt McGilvray, a Certified Probate Real Estate Specialist (CPRES) and Seniors Real Estate Specialist (SRES®) with RE/MAX New Dimension. I have over 15 years of experience with probate, trust and conservatorship sales across Southern California, and I work alongside your office so the property doesn’t become your problem.
This page is a working resource. Use what’s helpful, and call me if you want to talk through a specific property.
For Attorneys
How I work with your office
- I keep you copied on every material development, including offers, inspection findings and title issues.
- I follow your instructions on authority, notice, court confirmation and timing. I don’t give legal advice, and I don’t step outside what you’ve directed.
- I provide the documentation your office needs for the file, including a comparative market analysis, marketing activity reports and offer summaries.
- I make sure fiduciaries know who to call. Questions about the law go to you. Questions about the house come to me.
What I can take off your plate
- Valuation for inventory and appraisal purposes and for listing strategy
- Property preparation, including coordinating repairs and cleanout
- Marketing and negotiation for both court-confirmed and non-court sales
- Managing the overbid process at a court confirmation hearing
- Coordinating with title, escrow and any lender with an interest in the property
For Executors, Administrators and Trustees
Being named as a fiduciary comes with a legal duty, and most people have never done it before. A few things that help:
1. Get legal guidance first. Before you list, talk with the probate or trust attorney handling the estate. The attorney will tell you whether you have authority to sell, and what notice or court approval is required.
2. Know which type of authority you have. In an estate with full authority under the Independent Administration of Estates Act, a sale can often proceed without a court hearing, although notice requirements still apply. With limited authority, a sale generally requires court confirmation. Most probate sales take 30 to 60 days, depending on which type of authority applies.
3. Protect the property right away. Vacant homes attract problems. Secure the property, confirm homeowner’s insurance is in force and that the policy covers a vacant home, forward the mail, keep the utilities on and document the condition with photos.
4. Don’t make big decisions on a timeline someone else set. Cash buyers and investors will contact you quickly. Some make fair offers, and many are looking for a discount. Get a valuation before you respond.
5. Keep records. Track every expense, every contact and every offer. Your attorney will need it for the accounting.
How the Sale Path Differs
| Probate, full authority | Probate, limited authority | Trust sale | Conservatorship | |
|---|---|---|---|---|
| Court approval to sell | Generally no, but notice rules apply | Generally yes (court confirmation) | Generally no | Yes |
| Overbids at a hearing | No | Yes | No | Yes |
This table is a general orientation and not legal advice. Every estate is different, so follow your attorney’s direction.
Common Questions
Do you charge the estate anything up front?
No. There are no upfront charges. My commission is paid at closing from the sale proceeds.
Do you pay attorneys for referrals?
No. I don’t pay referral fees to attorneys, and I don’t receive any money from attorneys for referrals. If you’d like an introduction to an attorney, I’m glad to make one, and the choice is always yours.
Which areas do you serve?
Anaheim, Temecula and the surrounding Southern California communities, including Los Angeles, Compton, Pomona, Upland and Murrieta.
Talk to Me About a Property
If you’re an attorney with a file that includes real estate, or a fiduciary who isn’t sure where to start, call or email. I’ll give you my honest read on the property and the timeline, even when it isn’t the answer you were hoping for.
Matt McGilvray, CPRES, SRES®
RE/MAX New Dimension | DRE #01155581
714-318-4237 | 951-546-8041
mattmcgilvray@outlook.com
Anaheim: 4501 E. La Palma Ave Ste 120
Temecula: 41593 Winchester Road Suite 200
This page is general information for professionals and fiduciaries. It is not legal or tax advice. Consult your attorney about your specific situation.