How Probate Works
How Probate Works in California
Navigating the probate process can be overwhelming, especially when dealing with the loss of a loved one. At TLC Realty, we specialize exclusively in probate real estate, guiding executors, administrators, and heirs through every step of selling probate property in California.
Understanding Probate
Probate is the legal process of settling a deceased person’s estate, including distributing assets and paying debts. If the person had a will, the court oversees the execution of their wishes. If there’s no will, the court follows California intestacy laws to determine heirs.
The probate process in California typically involves the following steps
The Probate Process in California
01.
Filing a Petition & Appointing an Executor or Administrator
- A petition is filed in probate court to open the estate.
- If a will exists, the named executor is confirmed.
- If there is no will, the court appoints an administrator.
02.
Notifying Creditors & Inventorying Assets
- The executor/administrator must notify all creditors and beneficiaries.
- A full inventory of estate assets, including real estate, must be completed.
03.
Paying Debts, Taxes & Expenses
- The estate must settle outstanding debts, taxes, and administration costs before assets can be distributed.
04.
Selling Probate Real Estate (If Required)
- If the estate needs liquidity or multiple heirs must divide assets, the court may approve the sale of real estate.
- Probate sales may require court approval unless sold under the Independent Administration of Estates Act (IAEA).
05.
Distributing Assets & Closing the Estate
- Once all debts and expenses are settled, remaining assets are distributed to heirs.
- The court grants final approval, and the estate is closed.
How We Help
At TLC Realty, we simplify the probate real estate process by handling all aspects of property valuation, marketing, and court-approved sales. Whether you need a fast sale, guidance on court confirmation, or help navigating legal complexities, we provide expert solutions tailored to probate transactions.