Probate Sale Without Court Confirmation California

Probate Sale Without Court Confirmation California

Probate Sale Without Court Confirmation California

In California, the executor can be granted full authority by the probate court to sell estate property without needing court confirmation. This avoids delays from overbidding and hearings.

 

To get full authority, the executor petitions the court, showing the estate is solvent, no conflicts exist between beneficiaries, and good cause for independent administration.

 

If full authority is approved, the executor lists and markets the property like a typical sale. Once an offer is accepted, escrow opens and closing happens within 30-45 days.

 

Beneficiaries can still object to stop the sale, triggering court confirmation. But without it, probates close much faster, similar to normal sales. Full authority is common for smaller, non-contentious estates.

 

Buyers should research if court confirmation is required before bidding on California probates. Full authority sales have less waiting and certainty of closing. Confirmation sales have overbid risk and delays.

How Long Does A Probate Sale Take In California?

In general, expect a probate sale in California to take 6-9 months minimum if things go smoothly. Court confirmation and other issues can extend the time to 12-18 months. Hiring a probate real estate agent familiar with the process is recommended.

In California, the typical timeline for a probate sale is:

  • 4-6 weeks to petition the court and receive authority to sell the property. The executor requests approval to list the property.
  • 2-4 weeks to market the property, receive offers, and accept a bid. The executor lists the home like a typical sale.
  • If court confirmation is required, 4-8 weeks for court hearing and approval of the sale. There is a waiting period for the court date.
  • 30-45 days in escrow once an offer is accepted, similar to a normal sale. The buyer deposits earnest money and documents are processed.
  • Total timeline ranges from 9-18 months start to finish in California. Factors like required repairs, overbids, and court delays can extend the probate sale process.
  • Sales with full authority (no court confirmation) tend to close faster, within 4-6 months total. The confirmation process adds 2-4 months typically.

What Does Subject To Probate Approval Mean?

When a property is listed as “subject to probate approval,” it means the sale must be approved by the probate court handling the estate of the deceased former owner.

Probate is the court-supervised process of distributing a person’s assets after their death. Before the property can change ownership, the court must approve the sale.

The executor of the estate has authority to market the property and accept an offer. But that offer is conditional until officially confirmed by the probate judge.

After an offer is accepted, a court hearing is scheduled 30-45 days out. At the hearing, the judge reviews the offer and terms and makes the final decision whether to approve it.

Being “subject to probate approval” adds uncertainty for buyers. There is a waiting period before closing, and the court can reject the sale, forcing the buyer to walk away. Confirmation protects heirs’ interests.

Probate Sale No Court Confirmation Required

In California, probate sales can proceed without court confirmation if the estate representative (executor) has been granted full authority by the probate court. This avoids the lengthy court confirmation process.

For full authority, the executor petitions the court to act without supervision and manage the estate independently. If approved, real property sales do not need court confirmation.

Full authority is typically granted when the will is not contested, beneficiaries agree, and the estate is not insolvent. The court still oversees the executor’s actions.

Without court confirmation, the probate sale is similar to a normal sale. Once an offer is accepted, escrow opens and closing happens within 30-45 days without court delays.

Beneficiaries can still object to stop the sale, triggering court confirmation. Sales without confirmation close faster but still follow legal procedures to protect heirs’ interests.

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