Happy End of July
Hope everyone is having a Great Summer!
I want to share my Notes
from the June 18th Probate Workshop sponsored by the Fountain
Valley, Ca MLS – presented by: Paul
Horn, Probate Attorney & CPA.
California Probate is a legal proceeding required to
settle a deceased person’s estate, paying all debts of the decedent, and
distributing the property to the heirs and beneficiaries.
Probate is the orderly method of distributing the assets of a
deceased person following someone’s death. An estate maybe testate (died with a Will) or intestate (died
without a Will).
Probate is the
court-supervised process for identifying and gathering the decedent's assets;
paying taxes, debts, and expenses; and distributing the balance to beneficiaries.
Probate deals with transferring the property of someone who has died (decedent)
to the heirs or beneficiaries, deciding if a Will/Codicil is valid, and taking
care of the financial responsibilities of the person who has died.
(no Will) require Probate for the appointment of an Administrator and to
determine how the Administrator shall be allowed to act under that appointment.
A Testate Estate (with
Will/Trust) generally has a person or persons suggested to be Executor (s).
Per Mr. Horn – if the decedent passed away with or
without a Will….. There may be complications which may need special knowledge
or handling by an attorney.
Without a Will the
process can take 12+ months. With a Will and Trust ~0-3+ months.
Basic Probate Time Line:
Petition & Notice
Hearings (2-3 months) – File Petition
for Probate & Hearing Date
Claims (3-6 months) – Gather Assets,
File Inventory, Notice to Creditiors, Allowance/Rejection of Creditors
Letters (who is Authorized
as the Administrator Personal Representative (the person that can sign the
listing agents contract). Letters DE-150
& DE-140 will name this person and the Authority: Full or LIMITED AUTHORITY ( with Court Supervision:
sell or exchange real property or grant an option to purchase real property, or borrow money with
the loan secured by an encumbrance upon real property.
Probate Appraisal (3+ months) Taxes, Prop: 58 & 193, Capital Gains, Estate
Taxes. The court will assign a Probate
Appraiser (drive by/exterior only appraisal). Real Estate Transaction: Selling
price must be within 90% of Probate Referee’s appraised value. 10% Customary Court Deposit. Accept offer.
Report sale & Petition for order confirming sale. Notice to Buyer, Beneficiaries, interested
parties. Court Hearing to confirm sale & over bidding process, Court
Order. Close Escrow
Distribute and Receipts (2-3 months)
My take away:
I would suggest if the property is mostly original or a
fixer or highly upgraded, superior amenity or features, that you hire an
independent, unbiased appraiser, so that you can submit this appraisal to the
court when filing the Petition, in Probate Court.
The estate will need an appraisal if there was a
Will/Trust for tax purposes, as of the date of passing.
Hopefully the “Estate” has hired an Attorney that
specializes in Probate & Trusts, to
guide everyone through this process.
Data: from Paul Horn Law
Group, PC, Probate, Trust Estate Planning www.PaulHornLawFirm.com
Certified Residential Appraiser
Consider me for all your Non-Lender Appraisal needs.