Probate: The Legal Proving Of A Deceased Person's Wishes (The Will)
Someone who unexpectedly inherits a home from a deceased relative can be unprepared to deal with the often-confusing dealings of the probate process.
Probate is the legal process that ultimately determines the rightful owners (heirs/beneficiaries) of a deceased person's property.
Who sets the rules for Probate?
Every state in the US sets its own set of laws that control the Probate courts within its borders. Additionally, some specific counties introduce additional regulations in their jurisdictions. Many states have enacted all or part of the Uniform Probate Code (UPC). That said, 33 of the 51 jurisdictions in the United States have not adopted the entire UPC.
In California, the seven-step Probate process is supervised by the Superior Court in the county of the decedent's primary residence at the time of death.
The person nominated as executor in decedent's Will should open probate within (30) days of the decedent's death.
If the will does not name a successor nominee, or the decedent died without a will, probate may be opened by any family member, heir or interested person. The seven-step process applies to all Probate matters, those with wills and those without wills.
How long does the inheritance process take?
According to the study of the Probate process done by AARP in 2017, the average time to distribute an estate in the United States is 17 months. Most heirs are extremely surprised that they won’t receive their rightful inheritance for a full year and a half.
CAN I SELL MY INHERITED PROPERTY?
Yes. In Los Angeles County of California, the probate judge determines the timing for selling the property. The process is well organized but it is a legal process involving lawyers and court proceedings. Other "players' are involved as the Probate judge may appoint executors and Personal Representatives to administer the estate, pay the debts owed by the decedent and distribute the assets.
The ease of selling a property depends on the property itself.
WE CAN HELP YOU SELL FASTER
Several steps can be taken early in the Probate process that can insure you a better sale price on your property and less time selling it. The property value can become a time-delayer because the Court appointed Inspector does not have to go into the property to do a 'due diligence' inspection.
We formed NL Real Estate Group to work hard to take the pressure out of dealing with a deceased loved one's estate. Whether you’re unable to deal with the financial commitments of maintaining a property or you are looking for a quick sale, we’re here to work with you and your attorney through a clear property buying process.
Our Probate Team understands the unique stress of handling the sale of a family member's estate and will work with you in a sensitive and transparent manner throughout the process. h
- Complimentary HOME INSPECTION - The earlier that we get involved in the Probate process, the better outcome we you may have since we can provide you and your attorney with a comprehensive HOME INSPECTION that can assist the Judge in setting a realistic selling price for the property.
We purchase homes directly through executors and beneficiaries, cutting out the middlemen and saving you money in the process.Of course, if the property is a good fit for selling it on the MLS, we certainly can do the listing and sale as well.
Completely free service -
We guarantee to make an offer
We can purchase in under 72 hours with flexible completion date
We buy homes that are often un-mortgageable
We can cover your legal fees