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When real estate is part of a decedent’s assets, heirs and beneficiaries often choose to sell the home and split the proceeds. However, realtors involved in the buying or selling of homes in probate should know the potential risks involved with property in probate.
Negotiating the price of a probate property isn’t nearly as straightforward as a conventional home sale. Not only must the seller and buyer agree on a price, the price sometimes must be confirmed by the court overseeing the probate process.
The process is even more complicated if there are multiple beneficiaries who have to come to a consensus or there are beneficiaries who disagree about selling the property.
In a conventional home sale, the buyer and seller can choose a mutually beneficial closing date and write it into the contract. California probate properties have a mandated waiting period. Parties should plan on waiting at least 30-45 days, and even then, the sale isn’t guaranteed.
The property must still be marketed during this time with the new accepted price. After waiting, the buyer interested in the property must still go to court and participate in an auction.
There’s a lot of uncertainty involved when buying a probate property. The buyer has to wait a substantial amount of time before they can take ownership, and during that time, they do not know whether or not the property will be theirs or if they’ll end up in a bidding war.
If the property in question is a family home, the safety could be questionable. A buyer is just as likely to end up with a top-of-the line freshly remodeled home as they are to end up with a home that hasn’t seen updates in half a century.
An inspection is essential. The buyer may lose out on the money they pay for an inspection, but taking this step can save them from buying a home that is beyond repair or needs expensive repairs.
If you’re interested in probate property, it’s important to work with an experienced probate attorney. Contact The Werner Law Firm at 866-265-4467 to schedule a consultation now.
Founded in 1975 by L. Rob Werner and serving California for over 48 years, our dedicated attorneys are available for clients, friends, and family members to receive the legal help they need and deserve. You can trust in our experience and reputation to help navigate you through your unique legal matters.
Whether you need help creating a living trust or navigating probate, our living trust law firm's compassionate team of estate planning lawyers and probate lawyers are here to help you and ready to answer your questions.
Our goal is to make your case as easy as possible for you. Hiring a lawyer can be a daunting task, but it doesn’t have to be. From the moment you contact our firm, through the final resolution of your case, our goal is to make the process easy and understandable. We cannot change the fact that probate is a long and complicated process, but through our Werner Law Firm Difference, we strive to go out of our way to keep you informed of your case through every step of the way. We are constantly refining our processes and procedures for a more streamlined and calm client experience. Our goal is to have you feel like a burden was lifted from your shoulders, and that we made the whole process an easy one
If you're dealing with a legal matter, we urge you to schedule a free initial appointment today and join the many satisfied clients who have contacted Werner Law Firm.
23 Corporate Plaza Dr., Suite 150
Newport Beach, California 92660
