value among the beneficiaries. If no executor is named in the will, or if there is no will, the court appoints an administrator to manage the estate. While probate can be avoided with proper estate planning, such as establishing a living trust, properties not held in trust must generally go through probate to transfer ownership.
KEY ELEMENTS OF THE PROBATE PROCESS
APPOINTMENT OF EXECUTOR OR ADMINISTRATOR
The court appoints an executor (if named in the will) or an administrator (if no executor is named or there is no will). This person oversees the sale of real property and distribution of assets.
VALUATION AND LIS N AND LISTIN\G
A Probate Referee appraises the property, and the executor works with a real estate agent experienced in probate sales to determine a competitive listing price. The agent markets the property using traditional methods such as signage, online listings, and open houses. Offers and Negotiations Buyers often look for bargains in probate sales, but offers must align with the estate’s best interests. Once an offer is accepted, a Notice of Proposed Action is sent to all heirs, providing them 15 days to object. If no objections arise, the sale moves forward without a court hearing.
COURT CONFIRMATION HEARING
If objections are raised or court confirmation is required, a hearing is scheduled. During this hearing, additional buyers may overbid on the property. The minimum overbid is calculated
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