Probate Real Estate Overview



 

What is Probate?

 
 

Probate is the legal process regarding the administration and distribution of the estate of a deceased person (or “decedent”). It is administered under the jurisdiction of probate courts.

(See Probate Glossary)

The courts makes sure that the decedent’s real and personal property is identified, inventoried and appraised, and ensures that any applicable debts and taxes are paid before the balance of the property is distributed to the heirs.

Probate can be a very time consuming and paperwork intensive process. Most people hire a probate attorney to help them with the probate administration process.

Some probate estates can be administered in one year or less, but many take longer.

Types of Probate:

  • Conservatorship: A legal progress that allows a person to make important decisions for another person who is still alive but unable due to age, disability, or incapacity

  • Estate Probate: Traditional probate

You may find yourself in probate if:

  1. The decedent has a will distributing property without the use of a valid and properly funded trust.

  2. The decedent passed away interstate

  3. A trust is being challenged as to the validity, capacity, or fraud

  4. A trust is unfunded and property remains outside of the trust’s intended protection of the probate process

(For more questions see the FAQ’s page)

 

 

3 Steps of the Probate Process

 
 
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1) Decide you want to sell

 
 
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2) Contact and retain a probate agent

Phone: (562) 572-1106

Email: leslie@lesliecruzsellsla

 
 
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3) Assess the property and decide on a listing price