Probate Process

SELLING REAL ESTATE DURING PROBATE

the Process

An overview of what to expect while selling real estate during probate.

PHASE # 1

Appointment Phase

Months 1-2

Start

File Petition for Probate

Notice of 1st Court hearing date published in newspaper.

Hearing Date

5-6 WEEKS
2 MONTHS

Letters Issued By Court

Order for Probate
Duties & Liabilities
Issue Bond

PHASE # 2

Administrative Phase

Months 2-9

Full Authority Sale (IAEA)

  • Interview qualified probate agent/broker
  • Determine list price (no court limitation)
  • Execute a listing agreement
  • Market the property
  • Execute probate purchase agreement
    (acceptance of the offer)
  • Distribute Notice of Proposed Action – 15 days
  • Open Estate Bank Account
  • Close Escrow

MONTHS 3-6
MONTHS 6-12

Limited Authority Sale (IAEA)

  • Interview qualified probate agent/broker
  • Determine list price (according to 90% Rule)
  • Execute a listing agreement
  • Market property
  • Notice of Sale
  • Execute probate purchase agreement (acceptance)
  • Report of sale & petition for Order Confirming Sale
  • Notice to buyer, beneficiaries, interested parties
  • Court hearing and over-bidding process (10% min. overbid deposit)
  • Court order
  • Close escrow
PHASE # 3

Close Phase

Months 9-12

Petition for Final Distribution

9 MONTHS
10 MONTHS

Court Hearing

Order for Probate
Duties & Liabilities
Issue Bond

Receipt on distributioN

CASE CLOSED

1 YEAR

*These timelines are intended to be rough estimates and can vary depending on a number of variables.

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