Probate Sale FAQs

Probate is the legal process of transferring assets after someone's death. In California, it's typically required for estates with personal property over $184,500 (increasing to $208,850 on April 1, 2025) or real property over $750,000 if it was the decedent's primary residence. If the property is in a trust or under beneficiary designations, you may avoid probate.

This is one of the biggest myths in estate planning! No, a will does not avoid probate in California—it actually directs the probate process. While a will specifies how assets should be distributed, estates exceeding the probate thresholds (e.g., $184,500 in personal property) must still go through court-supervised probate, which can be time-consuming and costly. To truly avoid probate, consider a living trust or other tools like joint tenancy or beneficiary designations.

Typically 9-18 months from start to finish in California, including court approvals, creditor notifications, and asset distribution. The timeline can vary based on estate complexity, disputes, or market conditions.

Yes, as-is sales are common (15-20% of our deals). We can connect you with cash buyers or handle listings accordingly, but court approval may be required for the sale terms.

Standard commission of 2.5% paid at closing – no upfront costs or hidden fees. Additional costs like court fees or appraisals are typically covered by the estate.

Key documents include the death certificate, will (if any), letters of administration or testamentary, property deeds, inventory of assets, and creditor claims. We assist in gathering and filing these with the court.

Yes, but all heirs or beneficiaries must agree, or the court may intervene. We coordinate with executors and attorneys to ensure smooth consensus and compliance.

If there's no will (intestate), California law determines distribution based on kinship (e.g., to spouse, children, then other relatives). Probate is still required, and the court appoints an administrator.

Probate itself doesn't impose taxes, but estates may face federal estate tax (if over $13.61 million in 2025) or California inheritance tax (none currently). Property tax reassessment under Prop 19 can increase taxes on inherited homes unless exemptions apply.

Yes, if you're an heir or beneficiary, but you may need court permission for major changes or to pay maintenance from estate funds. We advise on occupancy rights during the process.