Home Buying in 90230>Question Details

Christine, Home Buyer in Los Angeles, CA

Probate Sale with no court confirmation?

Asked by Christine, Los Angeles, CA Mon Mar 3, 2008

I saw this in an ad. What does this mean? Is it possible to purchase for less than listed or is a probate property price set? It is about $150K more than I want to spend but I am willing to go up half of that if I know price is negotiable.

Thanks in advance!

Help the community by answering this question:


There are two types of Probate Real Estate Sales.
1) Probate Sale that requires court confirmation
2) Probate sale with no court confirmation.

The difference is that the first one requires an offer to be accepted and then it has to go to court for approval. This process can take up to 60-90 days. The second option is that you open escrow immediately and the sale of the property does not require court approval. Whether a probate sale requires court confirmation or not totally depends on the seller.

To learn more about probate real estate visit our website at http://www.SanbornTeam.com. This site offers comprehensive information about probate real estate.

To answer part 2 of your question, you would have to look at the property and see if there is room for negoiation.
Web Reference: http://www.SanbornTeam.com
2 votes Thank Flag Link Tue Jul 8, 2008
You can negotiate price on a probate sale...no problem. You wont have to have the court involved in the transaction.
2 votes Thank Flag Link Fri Mar 14, 2008
Probate-This means their was a death of the owner or one of the owners of the property. No court confirmation simply means the sale and purchase price is controlled by someone on title of the property, not the courts. All typical sales are negotiable, an offer must be made in order to see how much negotiationg the seller is willing to do. Contact me if you have any other questions.
Marc Wizman- 310 746-8444- Coldwell Banker Beverly Hills N
Web Reference: Http://www.marcwizman.com
2 votes Thank Flag Link Mon Mar 3, 2008
when a home is sold that doesnt need court confirmation, the price is negotiable. if it was a court confirmation sale, the court would have sent out a court refferee & they would have set a value on the home. the court then can accept an offer no more than 10% less than that appraisal, subject to court confirmation & any overbids on the day of court confirmation.
1 vote Thank Flag Link Mon Mar 3, 2008
Hi, This means that the administrator for the estate can accept an offer without the additional need to go back to court to have a judge confirm the sale. This can help both the Buyer & Seller. When sales require court confirmation the original bidder can be outbid in court, therefore that uncertainty stops many buyers from making an offer. In addition the additional time it takes to get get a court date and then actually wait for a certified copy of the court approval can also inhibit a buyer from moving forward.

Good Luck!
0 votes Thank Flag Link Mon Jul 30, 2012
I would negotiate the price down if it's not valued right and the comparables are not there.
0 votes Thank Flag Link Mon Jul 30, 2012
You can negotiate just as a normal sale, are you paying cash? This will definitely help you if you are looking for this deep of a discount.

Much success!

Heather Paul, Realtor
Coldwell Banker
0 votes Thank Flag Link Wed Feb 22, 2012
Don't let buyers STEAL your family home. At no upfront cost to the estate I have sold over 200 Probate & Trust estates using our proven "Fix & Sell" strategy to sell your home for a top top fair market price.

I invite you to visit our website to see our many Before & After estates.

Paul Hargraves http://www.TrustPropertiesUSA.com
0 votes Thank Flag Link Fri Nov 18, 2011
i am interested in purchasing a property.
i just found out the administrator is selling it with no court approval needed.
however thru word of mouth have found out that the other hiers are not happy with the property being sold....
am i going to run into trouble with purchasing the property????
0 votes Thank Flag Link Fri Dec 3, 2010
if a house is in probate, and the will is being contested can the husband of the said executor rent the house in question out? this house in located in Bradley,ill
0 votes Thank Flag Link Thu Aug 26, 2010
This question has been well answered here and I would only add one minor caveat. A probate sale will not include many of the disclosures a Seller would typically be required to complete in a "standard" transaction. So a probate sale is much like a foreclosure sale in that the Seller may not have intimate knowledge of the property. As with any sale and certainly with probate, it is vitally important to hire the proper professionals to inspect the property and everything related to during the inspection period.
Best of luck.
Brian Jackson
Redwood Property Group
0 votes Thank Flag Link Thu Mar 4, 2010
The quick answer to your question is YES the price is negotiable even though it is a Probate Sale and is more than likely it is an "AS IS" sale. Once your offer is accepted by the personal representative the lawyer will prepare a notice of proposed action which is sent to all the heirs for their consent. Should any one of the heirs object to the offer then it will go to court confirmation provided you in agreement. You'll have the option to walk away with a return of your earnest money.

Make sure you're working with a Realtor who specializes in Probate transactions. You'll want to know what percentage of their business is related to Court Supervised transactions. Lastly place your offer on the most recent 8 page CAR Probate Purchase Agreement which can be found on my website: http://www.courthouserealtors.com
0 votes Thank Flag Link Tue Aug 5, 2008
Hi Christina,

The previous agents explained the probate without court confirmation. My question is this: Are you interested in this property because you perceive it as a "deal"? Or is this a property you truly want. I ask because a probate sale is rarely a better deal than any other type of sale. If you are looking to purchase a property (now is a great time!), your best bet is a reputable local realtor who can show you all the available properties that fit your needs including: traditional sales, shore sales, REOs, & probate sales.

Best of luck,

Karen Miller
0 votes Thank Flag Link Mon Mar 3, 2008
Hi Christine,
Your question has multiple questions so I will try to answer each one individually.
1. Probate Sale without court confirmation means that the executor or administrator is using Independent Administration of Estates Act.
2. There is usually an appraisal done on the property by the probate referee. As with any property there is always the possibility of some negotiation (if the estate is willing to negotiate).
3. The only way to find out if the price is negotiable is to make an offer and find out what the estate is willing to do.
We specialize in Probate and Trust Real Estate Sales in Los Angeles. If we can be of assistance please call us at 310-777-2858. You are also welcome to visit our web site where there is a lot of information regarding Probate and Trust Real Estate Sales.
Nancy Sanborn
The Sanborn Team
Web Reference: http://www.sanbornteam.com
0 votes Thank Flag Link Mon Mar 3, 2008
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