PROBATE – Derrickruiz

Understanding Your Role as
the Probate Representative

When a loved one passes away, handling their estate can be overwhelming, especially when it involves selling a property. As the probate representative, whether appointed by the court or the will, your primary responsibility is to manage the deceased person’s assets. If real estate is involved, this includes selling the property. You may or may not have an attorney yet, but rest assured that this guide will walk you through what to expect in the probate process and how to start planning the sale of the home.

Do I Need to File a Probate Petition?

One of the first steps in dealing with a probate property is determining whether a probate petition has been filed. In many cases, a probate petition must be submitted to the court, which starts the legal process of distributing assets. If no petition has been filed yet, you may need to consult with an attorney to begin this process. If you’ve already filed, you’ll likely be waiting for court approval to begin handling the estate’s assets, including selling the property.

Finding a Good Probate Attorney and Why You Need One

Navigating the probate process can be complex, and hiring a skilled probate attorney is crucial to ensuring that everything is handled correctly. A good probate attorney will guide you through filing the necessary paperwork, help you manage the estate’s debts and assets, and ensure that the probate process follows all legal requirements. They can also represent you in court if any disputes arise. When looking for a probate attorney, seek one with experience in probate law and a solid track record in your local jurisdiction. A knowledgeable attorney can help you avoid costly mistakes and ensure that the estate is settled efficiently

Deciding When to Sell the Property

Before you can sell the property, you may need court approval if the property is subject to court oversight. The timeline can vary, but typically the court must first grant you authority to sell. If you already have this approval, great! If not, be prepared to wait for the court’s go- ahead. It’s also important to assess the condition of the property— whether it’s in good shape or needs significant cleaning and repairs, such as in the case of a hoarder property. This can affect the timing and strategy for the sale.

Choosing the Right Broker for a Probate Sale

Selling a probate property can be different from a standard real estate sale, so it’s crucial to find a realtor experienced in probate transactions. A knowledgeable probate realtor can help you navigate the complexities of court approval, work with the estate’s attorney, and ensure that all required legal steps are followed. They will also know how to market the property, whether it’s in pristine condition or needs extensive clean- up.

Preparing the Property for Sale

Once you have court approval and have chosen a realtor, it’s time to prepare the property for sale. If the home is in good shape, you may only need minor updates or staging. Perhaps it needs tree trimming and landscaping. However, if the home is in disrepair or cluttered with personal belongings, especially in hoarding situations, it’s essential to work with your realtor on a plan for cleaning and preparing the property. Depending on the situation, this might involve hiring professional cleaners or contractors. Or if it is a severe hoarder situation it may be best to sell as is to a cash investor.

Selling a Severe Hoarder Property

If mom was a severe hoarder, the idea of repairing, and remodeling can be overwhelming. In these cases, it may be worth considering selling the property “as-is” to a cash investor who specializes in hoarder homes or distressed properties. These investors often buy properties quickly without requiring repairs or upgrades. Selling to an investor can speed up the process, saving you both time and money. This is often the easiest and fastest way to sell a hoarder home if you’re looking to avoid the expense and time of an extensive remodel.

Setting a Price and Marketing the Property

With the property ready for sale, your realtor will assist in setting a competitive price. Probate properties often have unique circumstances that can affect pricing, so it’s crucial to work with a realtor who understands these nuances. If the property is in disrepair, selling it “as-is” may be the best option, while well-maintained homes may attract higher offers. Your realtor will also handle marketing, making sure to reach the right buyers.

Managing Offers and Court Confirmation (if Required)

When an offer is made on the property, you’ll need to review it carefully with your realtor and, if applicable, the estate’s attorney. In some probate cases, the sale must be confirmed by the court, which means the process can take a bit longer. Your realtor will guide you through the offer process, including any required court confirmations or overbidding scenarios that may arise during the sale.

Closing the Sale

Once the offer is accepted and any necessary court approvals have been obtained, the next step is closing the sale. During this process, your realtor will coordinate with the title company, buyer’s agent, and the court, if needed, to ensure all legal and financial documents are in order. After the sale is finalized, the proceeds will go to the estate, and you can begin the next steps in settling the estate’s affairs.

What Happens After the Sale?

After the property is sold, the proceeds are distributed according to the will or the court’s instructions if there is no will. As the probate representative, you will work with the estate’s attorney to ensure that all debts are paid and that the remaining assets are distributed to the heirs. Selling the property is a significant step in the probate process, but there may still be additional tasks to complete before the estate can be officially closed.

Finding Support During the Probate Process

The probate process can be complicated, especially when it involves selling real estate. Whether you’re just starting the process or are already deep into it, having a strong support system is key. Working with a probate attorney and a qualified realtor can make a world of difference. Don’t hesitate to seek help and ask questions along the way—selling a probate property doesn’t have to be overwhelming when you have the right team in place. If you have any questions please call Derrick Ruiz probate broker at 310-308-3174.