Never a Dull Moment In A San Jose Probate Sale

As a San Jose Probate Real Estate Agent I have seen many things happens in transactions, but this one was a first for me.

I listed a cute home in Alum Rock for a family whose parents had both recently passed. The parents left a will but they did not have a trust. Since the estate was not in a trust the assets of the estate need to go through Probate before they can be distributed to the children of the couple who passed.

One child was named Personal Representative of the estate. That is, since the parents are not here to distribute their estate, a personal representative is appointed by the Probate Court to make sure the debts are paid, the taxes are filed, the assets are sold, and the money is distributed in the way the parents specified they wanted it to be done in their will. If there was no will then the estate would be distributed the way the State of California has determined it should be done when there is no will.

When the oldest son was named Personal Representative it also allowed him to sell his parent's house under the Independent Administrations of Estates Act. That means he has the right to accept an offer on the home, and as long as none of the other heirs object the house can be sold without further court approval or an overbid auction at court. If the Personal Representative does not have full authority to sell a home then once an offer is accepted it goes to court where another buyer can try to purchase the home by over bidding the first accepted offer.

I listed the home, got a great offer, and escrow was opened. Everything was fine until the underwriter saw the file. He said he needed proof the son was authorized to the sell the house. We gave him the Letters of Testamentary which say the son is the Personal Representative for the estate and has full authority to sell the house. The underwriter said that is not good enough. There was nothing on the Letters that specifically said he could sell the probate house in Alum Rock. The title report says the house belongs to the parents. The Letters say the son has the right to act as the parents.  In every Probate sale I have done in the last 18 years this has been enough for the underwriter. In every Probate sale my escrow officers has done in the last 30 years this was enough for the underwriter. But not this one.

I solved the problem by getting the original Petition to Administer the estate from the court files. this document has the name of the Personal Representative and the address of the property so that worked. Just another San Jose Probate challenge met.

If you have any questions about buying or selling homes in Probate please feel free to contact me.

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

BRE 01191194

650-619-9285

Redwood City Personal Representatives: How Do You Find A Realtor?

If you are a Personal Representative for a home in Probate in Redwood City you may be wondering what is the best way to find a realtor to help you sell the estate's home in Redwood City. You probably understand that you have a very large responsibility and making this decision is important. With so many realtors from which to chose, and conflicting information on the internet, it can seem overwhelming.

Well, there is a trick. Call a realtor and tell them you are the Personal Representative for the Estate of ........

If the realtor has no idea what you are talking about hang up. It is a quick and simple test. If a realtor understands probate, they will know what you are talking about. If they don't understand probate they won't. A Redwood City Probate Sale is not like a traditional sale, a short sale, a foreclosure, etc. It is special and the requirements must be followed or you can find yourself in a lot of trouble.

If the realtor you called knows what you are talking about then you can interview, go through a marketing plan, and see if he or she is a good fit for you. Trust me, you will not have too many agents to interview so it should not be a very hard decision.

If you have any questions about selling a home in Probate in San Mateo or Santa Clara County please feel free to contact me.

Marcy Moyer
Keller Williams Realty
www.marcymoyer.com
marcy@marcymoyer.com
650-619-9285
D.R.E.  01191194

East Palo Alto Probate: Court Confirmation May Not Be Needed: Meaning?

When a home is sold through the probate system sometimes court confirmation is required, and sometimes it may not be required. The operative word here is MAY. What this means is that under the Independent Administration of Estates Act, the person in charge of settling the deceased's estate, the Personal Representative, can ask the court if he/she can have the authority to sell a property without court confirmation. Court confirmation happens when an offer is accepted by the Personal Representative and then has to go to the probate court to be approved. At that time there is an overbid process and someone else can come in and offer more money for the house.


When a probate listing says court confirmation not required or MAY not be required, what it means is that the Personal Representative was given the authority to sell the home without court confirmation and the overbid process, but it is not a done deal. If one of the heirs has an objection to the price or terms of the sale, he/she can petition the court for an overbid process. This is not common unless the Probate Referee, who is the person who estimated the value of the home, says the home is worth more than the offer for the home. So for example if a home was estimated to be worth $500,000 and the accepted offer was $400,000 and the Personal Representative can not show good reason for the 20% difference, the other heirs may want to go to court and object.

So if you are a Personal Representative on an East Palo Alto or other San Mateo County Probate home make sure the agent you chose to sell the home gives you a rock solid market analysis. If the price suggested to list is more than 10% less than the Probate Referee's opinion of value work out the discrepancies ahead of time. It will save countless hours of headaches, and lots of money by not having to go to court.

If you have any questions about selling real estate in probate in San Mateo or Santa Clara County please feel free to contact me.

Marcy Moyer
Keller Williams Realty
www.marcymoyer.com
marcy@marcymoyer.com
650-619-9285
D.R.E. 01191194

How is a Mountain View Probate Sale Different From a Regular Sale?

How is a Mountain View Probate Sale Different From a Regular Sale

A probate sale is not the same as a regular sale,  but unless court confirmation is required the differences are not that great. It is a world away from a short sale or foreclosure.

In a probate sale, the owner of a property has passed away and the home is being sold to settle an estate.  The owner may have had a will, or may not have had a will, but definitely did not put the house in personal or family trust.  The seller of the house is the personal representative of the deceased and is charged with disposing of the assets of the estate to be distributed to the heirs.  The personal representative can be anyone the owner requested if their was a will, a child or other relative, a trust department from a bank, a professional like a lawyer or accountant, or  a Public Administrator. This person must be appointed by the court and will get his or her authority from the probate court. 

The personal representative can request full authority to sell the estate, meaning they do not have to get the offer confirmed by the probate court or in certain circumstances they do not have full authority and must have any offer confirmed by the probate court and leave open the possibility of over bids to the original offer.

Certain rules apply:

1.     The house is sold “As Is”

2.     Disclosures are limited.  You will not be given a transfer disclosure statement, a seller’s supplemental disclosure, an earthquake hazard report, or a signed Natural Hazard Disclosure. You will be given the report, but the successor trustee does not have to sign it.

3.     The water heater needs to be strapped but there is no smoke detector requirement for a trust house.

4.     If the Personal Representative has information about the house they have to give it to you, but they may not know much.  For example, if the Personal Representative is a child of the owner and was involved in repairs on the house they will need to disclose that.

5.     All heirs to the estate are given a Notice of Proposed Action to sell the home.  If this is not done until after an offer is accepted by the successor trustee then they have 45 days to return the notice or any objections, so escrow can not close before then. 

6.     If the offer needs court confirmation then things can get tricky.  After an offer is accepted the court sets a confirmation date and a minimum over bid amount.  On that day another potential buyer can purchase the house if they offer the amount of the overbid or higher and the first buyer does not want to offer more.  At that point the subsequent buyer can not have any contingencies and must accept the house the way it is.

If you have any questions about buying or selling a home in a trust please feel free to contact me.

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285

D.R.E.  01191194

Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales