Home Buying in San Jose>Question Details

Hollie, Home Buyer in Tracy, CA

Probate sale

Asked by Hollie, Tracy, CA Mon Apr 26, 2010

If no court approval required, how long will it take to close?

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Hi Hollie, Probate sales not requiring court approval can close using a standard process once the offer is accepted. The tough part is usually getting the executor to sign acceptance, since offers received have to be circulated among the heirs for written approval (legal documents called "consents") before the executor can accept an offer. This process can take awhile if the heirs aren't getting along. Even if they are, getting heirs in multiple locations to pay attention to the offer can take days or weeks. Check the 3 listings I have on Trulia (all are probate sales) and you'll see that I request that offers be valid for at least 5 business days in order to get a response from the estate. As a buyer, the best you can do is be patient when submitting an offer on a probate property. One other important thing: by law, all probate sales - court approval required or not - are "as-is" sales. Don't expect the seller to invest a lot to fix up the place or do inspections that they can defer to the buyer, some do and some don't.
1 vote Thank Flag Link Mon Apr 26, 2010

If this is an equity sale, it can close in the same time frame as a non-probate sale.

If it is a short sale, it will take a long time, like any short sale.

If no court approval is required, the decision is made by the trustee or executor just like in a normal sale.
0 votes Thank Flag Link Wed Apr 28, 2010
I had one closed in 35 days.
0 votes Thank Flag Link Tue Apr 27, 2010
You pretty much have your answer from all the other agents, just ensure that if there are others who need to sign off the contract that they are available to do so. Your agent should be able to find that out, and usually it is not a problem.
Hope this helps,
DRE# 01397256
0 votes Thank Flag Link Mon Apr 26, 2010
You should be looking at a standard escrow period of 30 days or so unless there are issues with getting all parties to sign off on the purchase agreement.

Typically there is one person designated as having the authority to sign the purchase agreement, but sometimes there are family battles to deal with. Have your Realtor ask what is involved in the approval process so you'll know ahead of time.


Linda Slocum
RE/MAX of Santa Clarita
27720 Dickason Dr
Valencia, CA 91355
0 votes Thank Flag Link Mon Apr 26, 2010
Hello Hollie and thanks for your post.

If there is not any court approval required for a probate sale (for example, when the home sold is part of a trust), then the sale can proceed in the normal manner and you can expect a closing date of between 30 and 40 days after the acceptance of an offer. I handled a probate sale recently for my buyer clients, and there was absolutely no timing difference between this sale and a "regular" sale where the sellers are alive. The only notable difference was in the acceptance of the offer because all of the parties in the trust had to sign the purchase contract, but, other than that, it was a breeze.

Your real estate agent should be able to assist you in discussing and familiarizing you with the requirements for the probate sale, and should be able to let you know if there will be any problems due to the probate. If you have any other questions, or need an experienced Realtor to help you, feel free to contact me.

Grace Morioka, SRES
Area Pro Realty
San Jose, CA
Tel 408-426-1616
0 votes Thank Flag Link Mon Apr 26, 2010
Hi Hollie:

If no court approval, then it can be generally 30 -60 days.

Best regards
Web Reference: http://www.ruthandperry.com
0 votes Thank Flag Link Mon Apr 26, 2010
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