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How Is A Mountain View Probate Sale Different From A Regular Sale?

How is a Mountain View Probate Sale Different From a Regular Sale


A probate sale is not the same as a regular sale,  but unless court confirmation is required the differences are not that great. It is a world away from a short sale or foreclosure.


In a probate sale, the owner of a property has passed away and the home is being sold to settle an estate.  The owner may have had a will, or may not have had a will, but definitely did not put the house in personal or family trust.  The seller of the house is the personal representative of the deceased and is charged with disposing of the assets of the estate to be distributed to the heirs.  The personal representative can be anyone the owner requested if their was a will, a child or other relative, a trust department from a bank, a professional like a lawyer or accountant, or  a Public Administrator. This person must be appointed by the court and will get his or her authority from the probate court. 


The personal representative can request full authority to sell the estate, meaning they do not have to get the offer confirmed by the probate court or in certain circumstances they do not have full authority and must have any offer confirmed by the probate court and leave open the possibility of over bids to the original offer.


Certain rules apply:


  1. The house is sold “As Is”
  2. Disclosures are limited.  You will not be given a transfer disclosure statement, a seller’s supplemental disclosure, an earthquake hazard report, or a signed Natural Hazard Disclosure. You will be given the report, but the successor trustee does not have to sign it.
  3. The water heater needs to be strapped but there is no smoke detector requirement for a trust house.
  4. If the Personal Representative has information about the house they have to give it to you, but they may not know much.  For example, if the Personal Representative is a child of the owner and was involved in repairs on the house they will need to disclose that.
  5. All heirs to the estate are given a Notice of Proposed Action to sell the home.  If this is not done until after an offer is accepted by the successor trustee then they have 45 days to return the notice or any objections, so escrow can not close before then. 
  6. If the offer needs court confirmation then things can get tricky.  After an offer is accepted the court sets a confirmation date and a minimum over bid amount.  On that day another potential buyer can purchase the house if they offer the amount of the overbid or higher and the first buyer does not want to offer more.  At that point the subsequent buyer can not have any contingencies and must accept the house the way it is.


If you have any questions about buying or selling a home in a trust please feel free to contact me.


Marcy Moyer

Keller Williams Realty


D.R.E.  01191194


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