|1. Work with the Estate Aministrator/Executor to help decide if selling the Probate home "as-is" or spending limited amounts of money on repairs/maintenance makes more sense in an attempt to bring in a top dollar sales price.
||1. Prepare the Notice of Proposed Action Probate documentaion for the sale, make sure they are served at least 15 days prior to the scheduled sale date, file the proof of service with the Court, and make
Title Company has Court filed copies on hand for the close of escrow.
|2. Marketing of the home not only on the Multiple Listing Service and all of the top Internet real estate sites such as Zillow, Realestate.com, Redifin, etc., but also marketing the home to local Realtors,
San Francisco Bay Area Realtors, investors, and our own private list of investors that have expressed specific interest in Probate homes and properties. We have a designated list of investors that have asked
us to keep them apprised of Probate homes and properties that have come onto the market.
||2. Make sure that the Title Company has Court certified copies of any Probate related documents they may need or require in order to close escrow on time and without delays. These include, but are not limited
to the Letters of Administration or Testamentary, Order for Probate, and/or copies of any Ex-Parte Orders which may be related to the sale of the Probate home or property.
|3. When Court confirmation of the sale is required or needed: Follow up to make sure that all parties (Seller, Buyer, Title Company, Lenders, etc.) are informed as to the time line for the confirmation hearing,
changes (if any) due to information about possible over-bids from other Buyers at the confirmation hearing, and the obtaining of the certified copy of the Court Order for the sale to present to the Title Company
to facilitate a quick and prompt escrow closing immediately after the Court confirmation hearing concludes.
||3. When Court confirmation of the sale is required or needed: Make sure that the Petiton to Confirm the sale gets filed expiditiously and the hearing date is scheduled as soon as possible. Make sure that all parties
entitled to notice receive notice, make sure that the required publication of the hearing gets completed in a timely manner, file the proof of publication with the Court, prepare the Order for Sale and present it to
the Court clerk prior to the confirmation hearing, and check on the Probate Examiner's notes prior to the hearing to take care of any loose ends or last minute requirements the Court may have.
|4. Make sure that all potential Buyers, their Agents and Brokers, are fully informed that the sale is a Probate sale, and not a regular real estate sale. Make sure that all potential Buyers, their Agents and Brokers,
use the special "Probate Purchase Agreement" (PPA) form for all offers and not the standard Residential Purchaase Agreement (RPA). Most Realtors will submit offers on the standard RPA form which is not correct. The Probate Purchase Agreement
(PPA) form has specific references and addresses certain issues that are special and unique to Probate real estate sales. Failure to use the proper form and its special Probate related language may cause problems for
both the Seller and Buyer at a later point in the transaction and even possibly after the transaction has closed.
||4. Make sure that the Seller (the Estate) has the proper taxpayer id number for the Estate in place. The Estate MUST have this in place in order for escrow to close. Many Realtors and Brokers not familiar with
Probate sales miss this entirely, and it is a very important element of the real estate sale that needs to be taken care of prior to close of escrow. The Title Company must have this number in their file prior to
close of escrow.
|5. Work with potential Buyers and their Agents to make sure that they are fully informed that the sale is a Probate sale, and the property is being sold "as-is". Help them to undestant the nature of Probate home sales
and that they should not expect the Seller (The Estate) to be willing to do much, if anything, in terms of repairs and/or maintenance to the property other than what may have been done in preparing the home
to list for sale. It is important that Buyers and their Agents understand the special circumstances of most Probate home/property sales.
||5. Make sure that the Seller (The Estate) has set up the Estate bank account, and it is ready to receive the sales proceeds from the Probate home sale. This is another unique requirement of Probate, and the Title
Company will not be able to wire funds into just any account. They must have a propertly set up Estate account to wire funds into.
|6. When selling a Probate home, there are a number of exemptions that the overall real estate sale is exempt from and not required to comply with. Most Realtors are unaware of these exemptions, and that can end up
costing the seller additional time and money because of the Reator's lack of knowledge here.
||6. Make sure that the Seller (the Estate) receives a copy of the final, certified, statement from the Title Company after close of escrow. It is very important that the Administrator/Executor of the Estate recieve
a copy of this as he/she will need it for tax purposes later.
|7. There are many other issues and variables that are unique to each Probate home/real estate sale. We make sure that any issues that come up are taken care of and resolved in a timely manner.
||7. Make sure that proper Probate related records for the entire Probate home/real esate transaction are kept and made ready for when the time comes to prepare the Petition for Final Distribution, and that they can
all be correctly incorporated into the final Probate documenation to the satisfaction of the Probate Court.