• Pets
  • Loan
  • Legal
  • Home Financing
  • Mortgage
  • Insurance
  • Home Appliances
  • Home Care
  • Home Security
  • Household Goods
  • Home And Office
  • Investment in real estate
  • Investors
  • RealEstate
  • Realtor
  • Property owner
  • Property buyer
  • Property Sellers
  • Home Improvement
  • Hotel & Accommodation
  • Opportunities In New Markets
  • Real estate Business Opportunity
  • Building And Materials
Amazing Real Estate Blog
No Result
View All Result
No Result
View All Result
Amazing Real Estate Blog
No Result
View All Result

Probate Home Sales Have Their Own Special Rules

Amazing Property by Amazing Property
June 26, 2017
in Opportunities In New Markets
0
Probate Home Sales Have Their Own Special Rules

Frequently the real estate that had been owned by a person now deceased is made available for sale through a procedure commonly known as a “probate sale.” When this happens a somewhat complex set of rules comes into play, especially, of course, in California.

The personal representative of the estate (also known as the executor or the administrator, depending on the circumstances) may seek purchasers directly or he may list the property for sale with a real estate broker. If the property is listed, the listing period may not exceed ninety days (California Probate Code # 10150(a)). Extensions of up to ninety days each may be granted if needed.

Prospective purchasers often find that things get a bit confusing when an offer is made. Generally, negotiations will be conducted as in an ordinary sale. That is, the offer may be presented to the executor, that person might then issue a counter-offer, there could then be a counter to that, etc. However, even when the executor and the purchaser have come to terms, the deal is still not final.

The estate’s acceptance is subject to confirmation by the court. The executor must petition the court for a hearing date for the purposes of confirming the sale. That is a public hearing, and notice of it is made public. The date set for the hearing will depend on the court calendar.

At the time of the hearing other interested parties may bid on the property as well. The Probate Code sets forth a formula for determining the minimum amount of the first overbid. The first overbid amount must be at least “…10 percent more on the first ten thousand dollars ($10,000) of the original bid and 5 percent more on the amount of the original bid in excess of ten thousand dollars ($10,000) …” [Probate Code #10311(a)(1)]

Suppose, for example, that an executor had accepted an offer of $300,000, and that you came to bid on the property at the confirmation hearing. You couldn’t open by bidding $301,000. According to the formula the first overbid would have to be at least $315,500. (10% of the first $10,000 = $1,000, 5% of $290,000 = $14,500).

After the minimum overbid has been made, there can, of course, be further bids. These are not subject to a formula, and the court may set the bid amounts at that time. For example, the judge can say that he will hear further overbids only in increments of $500.

If there is bidding, and the highest offer is on different terms than the originally accepted offer, the court will not confirm the highest offer unless its terms are acceptable to the estate’s representative. For example, the estate might have preferred and originally accepted an offer that involved credit such as carrying back a long-term mortgage. (It is a myth that probate sales must only be cash to the seller.) If an overbid offer were for cash, it would not have to be accepted. Similarly, if the accepted offer had been for cash and the overbid involved credit.

In general, the probate rules and procedures are designed to bring the best price to the estate. In that regard, the court is granted a great deal of discretion. Even with overbids, the court may disallow a sale, and order a new one, if it feels the price is not appropriate.

The code also directs the court to determine that the property received adequate exposure to the market. Listing brokers of probate sales need to be prepared to show that the property was marketed thoroughly.

There is a very complex set of rules for determining brokerage commissions in the event of an overbid situation, and it would not be beneficial to recite them here — especially because they can be set aside by the court. Brokers need to warily remember Probate Code #10161(a), “…whether or not the agent or broker has a contract with the personal representative, the fee, commission, or other compensation of an agent or broker…shall be the amount the court, in its discretion, determines to be reasonable… [my emphasis]

It is often thought that probate sales represent the opportunity to find “a steal”. Given the procedures set forth for making such sales, that is highly unlikely.

Bob Hunt is a director of the California Association of Realtors®. He is the author of Real Estate the Ethical Way. His email address is This email address is being protected from spambots. You need JavaScript enabled to view it..

[ad_2]

Realtytimes

Tags: agentamazingan agentBrokerchasecommissionfor salehomehome buying guidemesotheliomamortgagepropertyproperty for saleRealreal estatereal estate brokerRealtorrealtyseller
Previous Post

Real Estate Is Lucrative For Canada's Taxman

Next Post

Confident Homeowners Flirt with Selling

Next Post
Confident Homeowners Flirt with Selling

Confident Homeowners Flirt with Selling

  • Fixed Rate Loans – Discover the Benefits
    Fixed Rate Loans – Discover the Benefits
  • Best Commercial Property Loans for Small Business
    Best Commercial Property Loans for Small Business
  • U.S Housing Market 2027
    U.S Housing Market 2027
  • The Best Money Lender For Real Estate Investors
    The Best Money Lender For Real Estate Investors
  • Trusted Private Lender for Real Estate Investment
    Trusted Private Lender for Real Estate Investment
  • Find the Best House Loan Options USA
    Find the Best House Loan Options USA
  • Elevators for Real Estate: Accessibility & Value Guide
    Elevators for Real Estate: Accessibility & Value Guide
  • Lowest Rate Personal Loan Options in the USA
    Lowest Rate Personal Loan Options in the USA
  • Housing News
    Housing News
  • Real Estate Loans
    Real Estate Loans


 

Subscribe For Free !

Discover More From The Top Real Estate Blog . Enter your email address to subscribe.

  • Home
  • About Us
  • Contact Us
  • Advertise
  • Privacy Policy
  • Home
  • About Us
  • Contact Us
  • Advertise
  • Privacy Policy

© 2026 JNews - Premium WordPress news & magazine theme by Jegtheme.

No Result
View All Result

© 2026 JNews - Premium WordPress news & magazine theme by Jegtheme.