top PROBATE & TRUST REAL ESTATE AGENT IN ORANGE COUNTY, CA

When a person passes away, their estate will need to undergo a legal process known as probate in order to carry out the will of the decedent (aka the person who died). 

The Probate Court will verify the validity of the will and appoint an executor of the estate to manage the distribution, sell, and/or transfer of property. If the deceased died intestate, (meaning, they did not leave behind a legal will), then the court will appoint an administrator who will handle the distribution of the estate in accordance to court rulings and Probate Code §8461.

According to the California Courts website, "Probate means that there is a court case that deals with:

• Deciding if a will exists and is valid;
• Figuring out who are the decedent’s heirs or beneficiaries;
• Figuring out how much the decedent’s property is worth;
• Taking care of the decedent’s financial responsibilities;
• and Transferring the decedent’s property to the heirs or beneficiaries."

In order to handle the distribution, sell, or transfer of property left behind by the decedent (aka the person who died), a process known as probate is necessary. 

In a nutshell, a Probate Court appoints an executor or administrator of the decedent's estate who will be responsible for handling the necessary transactions to pay off debts, sell or transfer property, and/or distribute remaining assets of the decedent.

When there is property that needs to be sold under probate, this is considered a probate sale.  Due to the intricate and often tricky process of probate, the administrator of the estate will usually hire an attorney to handle the legalities of the probate process and will also hire a probate realtor (aka Certified Probate Real Estate Specialists, or CPRES) to handle the sale of the property.

1. File will with Probate Court, if available.
2. File a Petition for Probate before a Probate Court.
3. Post Probate Bond, if necessary.
4. Court hearing date is set.
5. Notices sent to all designated beneficiaries and heirs.
6. First court hearing information published in newspaper.
7. First court hearing takes place.
8. Petition for Probate granted.
9. If there is a legal will, then the court will appoint an executor of the estate. However, if there isn't a legal will, then the court will decide who is appointed administrator to represent the estate.
10. Executor/Administrator hires a qualified Probate Realtor, or Certified Probate Real Estate Specialist (CPRES) to handle the transaction of listing and selling the property.
11. Notices & letters issued to tax board, creditors/debtors, etc.
12. Appraisal of assets and property.
13. Payment of estate necessary debts.
14. Sign listing agreement and start probate sale transaction.
15. Obtain offers on the property.
16. Petition the court with the chosen offers for approval from the Probate Judge.
17. The Probate Attorney schedules a court date 30-45 days after approval to award a buyer for the property.
18. Obtain approval of offer/sale by the Probate Court.
19. Secure deposit to begin the transaction process.
20. Complete and sign necessary transactional & contractual documents for sale of property.
21. Perform final inspection(s) on property.
22. Close the sale.
23. Close the estate.

According to the California Courts website, "The entire [probate sale] can take between 9 months to 1 ½ years, maybe even longer," which is why it's highly recommended to hire an attorney and a realtor who are adequate and qualified to represent you during the lengthy and tedious process of a probate sale.

A CPRES, or Certified Probate Real Estate Specialist, is a professional real estate agent who has taken the necessary courses & training to become certified in probate transactions.

This agent is usually well-versed in the probate process and can even help get you connected with a probate attorney as well -- seeing that these two professionals need to work in tandem during probate cases.

The main role of a CPRES is to educate you on the probate process and manage all aspects of the sale of the property, including court deadlines, documentation, etc. Beyond probate, a CPRES can assist with trusts, wills, conservatorships, and estate settlements as well. 

You aren't required by law to hire a probate attorney or a probate realtor, but it is highly recommended and suggested due to the nature of such transactions.

With probate transactions, it's better to be safe (and well-represented) than sorry, because probate cases are lengthy, intricate, and complicated. There's a reason why there are specialists for probate, because they're a finicky beast that require special training, knowledge, and patience to navigate successfully.

Probate and trust real estate agents provide a range of services, including property valuation, marketing, negotiating offers, and closing the sale. They can also help with legal and procedural requirements, such as obtaining court approval for the sale of the property.

The cost of hiring a probate and trust real estate agent can vary depending on a number of factors, such as the location of the property and the scope of services needed. However, most agents charge a commission based on the sale price of the property, typically around 5-6%.