Even under normal circumstances, real estate transactions can be a very complicated and stressful process. If you add to that, the often-confusing process of probate, it can be downright scary. The truth is, real estate transactions can be risky, especially when probate is involved and the parties don’t understand the probate process for a house in Los Angeles, CA.
So what is a probate anyway?
Probate is the legal process whereby a will is “proved” in a court and accepted as a valid public document that is the true last testament of the deceased. In Probate Court, the property of the deceased is administered, all claims against the estate are resolved and the deceased person’s property is distributed according to the wishes of the decedent.
Understanding the probate process for a house in Los Angeles
If you have inherited a house, it will be helpful to know a little bit about how the probate process works so you can better handle this property you inherited, especially if you want to sell your inherited house.
Let’s say for example that a son inherits a house from his recently deceased mother. The mother has a will that grants all rights and ownership of the house to her son. The son then puts the house up for sale and signs a contract with a buyer. Is that contract legal? Probably not. If you were to pull the grant deed, most likely mother’s name would still be on title and the son does not have the authority to sell the house. The Will places you in probate. Even if the son says, “but I have a Will and the Will says I get the house,” it still must go through probate.
How long does the probate process for a house in Los Angeles take?
The probate process in California usually takes about one year to complete. If you are selling the inherited house, you can close escrow in about 2 ½ to 3 months if probate is granted with Full Authority. As a seller, you always want full authority because no court confirmation of the sale is needed. You can also sell it at any price you want.
If it’s Limited Authority, then you must go before a judge and get court confirmation of the sale which can take up to 7 to 8 months to close escrow. The selling price must follow a formula and be approved by the court.
Note: It is important for the seller to familiarize himself or herself with the property to avoid being short-changed. This can be avoided by getting good advice from a real estate professional in Los Angeles like Solution Home Buyers. Click the link here, fill out the form and we’ll help you get started now.
We would suggest you contact Solution Home Buyers to receive an offer to purchase your property because as you can see from our website we have worked with many owners of probate property in California!
Want to sell your house fast in Los Angeles (and securely)?
We have been in this industry for years and our reputation speaks for itself. If you are interested in choosing us as your partner in Los Angeles, you are always free to contact us through our website form, our social media pages, as well as giving us a call at (818) 392-4845. For immediate assistance, you can leave an email message on our site and we shall call you within the shortest possible time.
We are always here to help walk you through the probate process for a house in Los Angeles. We look forward to speaking with you. 🙂