The Probate Process - Matt McGilvray

Understanding the Probate Process

California: A Step-by-Step Guide

Understanding Probate Real Estate in Los Angeles, Orange, Riverside, San Bernardino & San Diego Counties

Navigating the probate real estate process in Southern California can be complex, but with the right guidance, it doesn’t have to be overwhelming. Whether you’re an executor, administrator, or heir, understanding how probate works in Los Angeles, Orange, Riverside, San Bernardino, and San Diego Counties will help you make informed decisions.

As an experienced probate real estate specialist, I’ve helped countless families through this process, ensuring a smooth home sale while adhering to California probate laws. Here’s a breakdown of the probate timeline, key steps, and what to expect when selling a property in probate.

What Is Probate?

Probate is the legal process of settling a deceased person’s estate, including distributing assets and handling debts. If a property is part of the estate, it typically must go through court-supervised probate before it can be sold—unless it qualifies for an exemption like a trust or transfer-on-death deed.

Step-by-Step Probate Process in Southern California

1. Filing the Probate Petition

The process begins when the executor (if named in the will) or an administrator (if there is no will) files a petition in probate court in the county where the decedent resided.
The court assigns a case number, and a hearing is scheduled to appoint the estate representative.

2. Appointment of the Executor or Administrator

Once appointed, the executor or administrator receives Letters of Administration or Letters Testamentary, giving them legal authority to handle the estate’s assets, including real estate.
If a bond is required, it must be secured before proceeding.

3. Property Appraisal & Probate Referee Valuation

In California, real estate in probate must be appraised by a court-appointed Probate Referee to determine the market value.
The appraisal is based on current fair market value at the time of the decedent’s passing.

4. Notice to Creditors & Debt Resolution

Creditors must be notified and given time to make claims against the estate.
Debts, taxes, and expenses must be settled before distributing any inheritance.

5. Preparing the Probate Property for Sale

The property may need clean-up, repairs, or staging to attract buyers.
If court confirmation is required, the property must be listed for at least 90% of the appraised value.
In Southern California’s competitive market, probate properties can still attract multiple offers, even with required court oversight.

6. Listing the Property for Sale

The executor/administrator must work with a Certified Probate Real Estate Specialist (CPRES) to list the home.
Marketing should target probate home buyers, investors, and traditional buyers while ensuring compliance with California Probate Code.

7. Court Confirmation vs. Independent Administration

Some probate sales require court confirmation, meaning an auction-style bidding process in front of a judge.
If the estate is under the Independent Administration of Estates Act (IAEA), the sale can proceed without court approval, speeding up the process.

8. Accepting an Offer & Overbidding Proces

If court confirmation is required, the judge must approve the accepted offer, and other buyers can overbid in court.
The highest bidder secures the property, and a 10% deposit is required.

9. Closing the Sale

Once the sale is approved and contingencies are cleared, the probate property closes like a traditional real estate transaction.
Funds from the sale go to the estate for distribution per the will or intestate laws.

10. Final Distribution & Closing Probate

After all debts are paid, the remaining assets are distributed to heirs.
The executor or administrator files a final accounting with the court, and once approved, the probate case is closed.

Why Work with a Probate Realtor in Southern California?

✅ Expert Knowledge of County-Specific Probate Rules
Each Southern California county (Los Angeles, Orange, Riverside, San Bernardino, and San Diego) has its own probate courts and local procedures. I ensure compliance with county-specific requirements.

✅ Maximizing Property Value
I specialize in marketing probate properties to investors, first-time buyers, and cash buyers, ensuring your home sells for the best possible price.

✅ Navigating Court Confirmation Sales
If court approval is required, I guide you through bidding procedures, overbidding requirements, and competitive pricing strategies.

✅ Reducing Stress & Paperwork
From handling disclosures to negotiating offers, I simplify the process so you can focus on settling the estate.

Counties We Serve in Southern California

I provide expert probate real estate services in:
🏡 Los Angeles County – L.A., Long Beach, Pasadena, Santa Monica
🏡 Orange County – Anaheim, Irvine, Santa Ana, Huntington Beach
🏡 Riverside County – Riverside, Corona, Palm Springs, Temecula
🏡 San Bernardino County – San Bernardino, Ontario, Rancho Cucamonga
🏡 San Diego County – San Diego, Carlsbad, Chula Vista, Oceanside