Frequently Asked Questions

Probate real estate refers to property that must be sold as part of the probate process after someone passes away. In California, the probate court oversees the sale to ensure the estate is properly managed and distributed according to the will or state law.

From start to finish, the probate process can take up to a year, and occasionally longer. However, the sale itself can typically be completed within about three months.

With Full Authority, court approval is not required. With Limited Authority, court approval is required, and an experienced attorney will request Full Authority.

The executor is responsible for obtaining court authority, hiring appropriate professionals (agent, attorney, appraiser), marketing the property, managing offers, attending the court confirmation hearing, and ensuring proper distribution of proceeds.

In limited cases, yes. On April 1, 2025, California changed the probate threshold for primary residences to $750,000, and these estates can use the Simplified Probate Process. Note that most homes in Southern California will exceed the $750,000 cap, so full probate is typically required for the family home. Probate may also be avoided if the property was held in a trust, joint tenancy, or with a transfer-on-death deed.

A probate sale requires court supervision and confirmation, while a trust sale is governed by the terms of the trust and does not require court approval. Trust sales are generally faster because they do not involve court scheduling.

The trustee must review the trust document to confirm authority to sell, obtain a professional appraisal, hire a qualified real estate agent, market the property, manage offers, ensure proper disclosure, and close the transaction according to trust terms.

No. Trust sales do not require court confirmation, which is one of the key advantages over probate sales. However, the trustee has a fiduciary duty to act in the best interest of the beneficiaries and should document all decisions carefully.

When you inherit a house, the property transfers to you through the will, trust, or California intestacy laws. You become responsible for property taxes, insurance, and maintenance. You can choose to sell, keep, or rent the property, but each option has different financial and tax implications.

When you inherit property, the tax basis is "stepped up" to the fair market value at the date of the original owner's death. This means if you sell the property soon after inheriting it, your capital gains tax may be significantly reduced or eliminated.

Yes, property taxes are generally your responsibility from the date of the original owner's death. In California, Proposition 19 may cause a reassessment of the property's tax value when inherited, with limited exceptions for transfers to children.

The property can typically be listed and sold once the Personal Representative or administrator has legal authority (Letters Testamentary or Letters of Administration), even if other estate matters are still being resolved.

You have several alternatives to foreclosure, including loan modification, short sale, deed in lieu of foreclosure, forbearance agreement, refinancing, selling on the open market, government assistance programs, and in some cases, bankruptcy protection.

A short sale is when you sell your home for less than the outstanding mortgage balance with your lender's approval. It can help you avoid foreclosure and may be less damaging to your credit. As a CDPE, Doug Ranger has specialized training in short sale transactions.

A short sale does impact your credit, but typically less severely than a foreclosure. The exact impact depends on your overall financial situation, but many homeowners see their credit recover more quickly after a short sale than after foreclosure.

CDPE stands for Certified Distressed Property Expert. It is a professional designation that requires specialized training in foreclosure prevention and distressed property transactions. Doug Ranger holds this certification.