The Probate Playbook
Your essential guide to navigating the California probate real estate process with confidence.
The Probate Roadmap: The Big Picture
Probate isn't just about selling a house. It's a legal and financial journey. Use this roadmap to understand where you are in the process.
- Notify close friends and family.
- Arrange care for dependents and pets.
- Locate the Will and any funeral instructions.
- Order 10-15 certified copies of the Death Certificate.
- Secure the property (change locks if vacant).
- Hire a Probate Attorney (if probate is required).
- File Petition for Probate with the court.
- Notify Social Security (often handled by funeral home).
- Forward mail and cancel unnecessary subscriptions.
- Locate life insurance policies and bank accounts.
- Open an Estate Bank Account (EIN required).
- Notify creditors and publish Notice to Creditors.
- Inventory all assets (real estate, stocks, valuables).
- Appraise the property (Probate Referee).
- Determine if/when to sell the real estate.
- Pay valid debts and funeral expenses.
- File final tax returns (Income & Estate).
- File Petition for Final Distribution.
- Distribute assets to heirs/beneficiaries.
- Close the estate bank account.
Getting Started
Just Named Executor? Here Are Your First 5 Moves.
The first few days after being named an executor are the most critical. This isn't just about paperwork; it's about securing a legacy. Here's the checklist to start with confidence.
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Property Prep
The 3 Costly Mistakes That Can Haunt a Probate Home Sale
The goal of a probate sale is to maximize the value for the heirs, but simple mistakes can cost an estate tens of thousands. Here are the three most common pitfalls to avoid.
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Financial
Will You Owe Taxes on an Inherited Home? The "Stepped-Up Basis" Explained.
The biggest fear for many heirs is a massive tax bill. Fortunately, a powerful IRS rule called the "stepped-up basis" often reduces the capital gains tax to little or nothing. Here’s how it works.
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Financial
The $13 Million Mistake: A Hidden Tax Trap for Foreign Nationals Owning U.S. Real Estate
Two families can inherit identical homes. One pays no estate tax. The other faces a crippling bill that could force a sale. The difference? A little-known rule that every international property owner, and their agent, must understand.
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Legal Process
Full vs. Limited Authority: The One Choice That Defines Your Probate Sale
In California probate, the court grants you one of two powers. One is a freeway, the other is a scenic route with stop signs. Understanding the difference is critical to your timeline and success.
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Legal Process
The Quiet Law Change That Just Saved California Homeowners From Probate Hell
Forget what you thought you knew about probate. A new California law, AB 2016, just rewrote the rules for passing on your primary residence. This isn't just a minor update; it's a game-changer that could save your family thousands of dollars and months of stress. Here's what you need to know.
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