Dealing With Probate Real Estate -What You Should Know About Dealing With Probate Real Estate in Sacramento–Navigating a probate property in Sacramento can be confusing and overwhelming. As local experts with over 30 years of experience since 1992, we’ve compiled essential information about probate properties and practical solutions to help make this process easier for you. Let’s dive into the process of What You Should Know About Dealing With Probate Real Estate in Sacramento
What Is Probate?
Probate is the legal process that occurs after a homeowner passes away when their property wasn’t held in a trust or jointly owned with full survivorship rights. Typically, real estate going through probate needs to be sold so proceeds can be distributed among beneficiaries if the will doesn’t specify direct inheritance. First, determine where probate should take place—usually in the county where the property is located. You’ll need to hire an attorney to review the will and prepare the necessary paperwork for court submission. The judge will then determine rightful ownership based on the previous owner’s will, rarely ruling against these documented wishes.
Who Pays For Probate?
You have options when it comes to covering probate costs—either pay out of pocket upfront or arrange for these expenses to be deducted at closing. As the estate executor, you’ll be responsible for setting the property’s listing price, negotiating the sale, and executing the contract. Your probate attorney will send their invoice directly to the title company handling the transaction, allowing their fees to be subtracted from the sale proceeds. These fees vary significantly by state and property value, ranging from a few hundred to well over a thousand dollars. Most probate attorneys will require a retainer fee. Meaning you will pay before the process is complete. I usually offer to pay these expenses so my clients don’t have to deal with this additional stress. Keep in mind you will have more than enough to deal with such as the loss..it’s final. You may have family issues. It is common in almost every family that someone is not cooperative and shows out
Can I List Probate Real Estate?
You cannot sell or list the property before probate completion without specific court approval. You’ll need to petition the court for permission to list the property. While you can accept offers and even have a contract in place once listed, the closing cannot occur until probate is fully completed. The title company will only recognize the legal seller once the probate case is properly filed and processed.
What You Should Know About Dealing With Probate Real Estate in Sacramento

How Much Should I Sell For?
To determine an appropriate asking price, have the property professionally appraised to understand its true market value and identify any structural issues that must be disclosed in the sales contract. When evaluating offers, remember to factor in probate costs. For vacant lots, ensure the offer sufficiently covers these expenses. Most houses and other properties typically sell for significantly more than probate costs. If you’re looking for a quick sale—something we specialize in as cash buyers—consider pricing at the lower end of comparable properties or appraisal value to attract prompt offers.
I’ve Accepted An Offer, Now What?
Once you’ve received an acceptable offer or negotiated a satisfactory price, execute the contract. If you have questions about the contract terms, consult with a real estate attorney who can help clarify conditions and necessary riders to complete the transaction. When selecting a title company, be sure to provide them with your probate lawyer’s invoice so they can handle payment directly from your proceeds.
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Dealing With Probate Real Estate