PROBATE

            The death of a loved one can cause lots of stress and turmoil in a family.  Having to deal with the disposition of your loved one's home can add to the stress and the turmoil, especially if she died without a will. 

            A common misconception is that once a person dies, title to their real property automatically passes to their surviving heirs.  The truth is that if a person dies with a will, the will must first be probated before their real property can be sold.  Once the will is offered for probate and the probate court approves or appoints an executor, the executor must be involved in all aspects of the sale of the property, including the signing of the purchase and sale agreement and escrow documents.

            If a person dies without a will, before their real property can be sold, the appropriate documents must be filed with the probate court and the court must appoint an administrator to oversee the estate.  The administrator performs the same duties as an executor when a house is sold.

            Many times, sellers dealing with a loved one's property don't even realize that they must go through probate until the property is already under contract.  The delays caused by this mistake can result in the deal falling through.  To ensure that this doesn't happen to our clients, I always conduct a pre-listing interview with my prospective clients to ascertain the ownership status of the property.  During the pre-listing interview, I will review the deed to the property to make sure that everything is in order.  If there is a probate issue which must to be addressed, I will put you in contact with an experienced probate attorney to help you begin the probate process.

            If you've already started the probate process, Eddie Zubia Real Estate is prepared to list the property and get it sold as quickly as possible.  The sale of probate properties is monitored by the court and requires the use of contracts and disclosure forms which are not used in ordinary real estate transactions. Additionally, the probate court imposes very strict deadlines which must be complied with in order to avoid jeopardizing the deal.  Therefore, it's crucial to hire a real estate agent with experience marketing and selling probate properties.

            Eddie Zubia Real Estate understands the very unique issues presented by probate properties and I'm prepared to tackle them.  I will explain the documents, deadlines, and probate terminology to you and keep you updated through every phase of the process.