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Hire

Reputable Probate & Trust Attorney

First the attorney is hired to commence with the probate proceeding. The attorney will identify your desired outcomes i.e. selling the decedent's home. Next, they will uncover any exceptions or recourses to avoid probate, identify any beneficiaries to the estate, and confirm that the person hiring them to start the probate process has priority to be appointed as the personal representative of the estate.

File

Petition for Probate

The probate attorney will file a Petition for Probate with the court in the appropriate county jurisdiction, and the filing fee is paid. Initially, the person seeking to become the personal representative is referred to as the “Petitioner”. The Petitioner will either be granted Limited Authority or Full Authority as the personal representative of the estate by the judge.

Approval

Order for Probate

The first court hearing in probate usually occurs about 30 days from the date the Probate Petition is filed. This hearing determines whether the Petitioner should be granted Full Authority or Limited Authority, and this decision is recorded on the Order for Probate. The judge will also determine if a surety bond is required to proceed with the case.

Issuance

Letters

The court will issue a variation of the Letters depending on the facts of the case. Here are three main types: 

  • Letters of Testamentary - Issued if the decedent had a will

  • Letters of Administration - Issued if the decedent did not have a will

  • Letters of Administration with Will Annexed - Issued if there is a will, but the named executor of the will was not available to act

Aqyr

Hire a Certified Probate & Trust REALTOR®

The “Order for Probate” and the “Letters” are the two documents your probate certified real estate agent needs to proceed with the sale of the decedent's property; giving the personal representative the legal authority to sign a listing agreement, accept an offer, and close escrow.

Sell

Limited vs. Full Authority

With Limited Authority, the personal representative of the estate is subject to various court approvals regarding different stages of the real property sale process. With Full Authority, the personal representative of the estate is usually able to proceed with the sale of real property unhindered with the help of their qualified probate real estate agent. With Full Authority, it's possible to close escrow within 3 months from the date the Probate Petition is filed.

Distribution

Order for Final Distribution

The probate process does not end with the sale of the real property. Only after all creditors claims have been resolved, and an Order for Final Distribution has been filed with the court will the court hear the matter to finalize distribution of any remaining assets. The statutory fee to the attorney and the statutory compensation to the personal representative of the estate will be paid first, and remaining assets will be distributed to the heirs, if applicable.

Please complete the following form to download our Probate Seller’s Guide.

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