Probate, Trust & Conservatorships
Special Situations Call For Special Agents
Unfortunately, one of the reasons real property must be sold is because of death of the owner. This is a very difficult time for the person(s) charged with the task of managing the sale. Working with an agent who is experienced in the nuances of settling estates will make the job of the executor/trustee easier while assuring the best possible outcome for the heirs/beneficiaries.
Q: Can't every real estate agent handle a probate or trust sale?
A: Not really. Let's face it, there are agents who are marginal at best in the work they do and the representation they give their clients. If you are the Executor or Trustee of an estate, you want to be certain that the agent you hire has the experience and the knowledge to guide you through this complicated process.
Q: What makes this type of sale different than any other?
There are very specific regulations that govern the marketing and sale of inherited property that differ substantially from a traditional sale between parties, including using the proper forms, delivering proper notifications to the courts and/or beneficiaries, and minimizing the risk to the Executor or Trustee of potential adverse claims through proper marketing and disclosure.
Q: Is there a specific designation or specialized training?
There are no legal requirements or special licensing necessary for an agent to represent an estate or trust. There are, however, advance trainings available. I am proud to have completed the Certified Probate Real Estate Specialist program and display the CPRES designation.
Q: I have a Living Trust, do I need to hire a CPRES?
If you are buying or selling property as part of your own living Trust, then the process and paperwork is virtually identical to buying or selling property as an individual. If you are acting however as Successor Trustee or Survivor Trustee then you need to be aware of certain legal requirements and unique issues that affect your duty as Trustee. Hiring a real estate representative with experience in Trusts and Probates is the first step to fulfilling your responsibilities as Trustee.
Q: What about a probate sale?
If you're involved with a probate sale, it means that the deceased died without a will. The courts then step in to assure that the decedents assets are dispersed fairly among any heirs or claimants. The process for selling real estate involved in a probate is very precise and governed by the California Probate Court. I can help you through this process and work with your attorney in assuring that all court required mandates are met.
