I attended a webinar given by California probate estate attorney Paul Horn. It was very informative and entertaining. Paul Horn Esq definitely knows wills, trusts, probate and real estate. He gave some great advice which I've actually heard from other estate attorneys.
It's important to order a date of death historical appraisal to determine market value at time of death. Paul Horn stated it's well worth the $500 cost. One person asked if they must sell the property for the appraisal value. He said "of course not." Sell it for what you believe is the highest current market value.
In order to sell a home in probate you will need three main things i.e., Order for Probate, Letters, Notice of Proposed Action. These are all legal forms which can be found at lacourt.org He posted samples but they had names so I won't repost them. A real estate agent would get these items from the attorney handling the probate, estate. The real estate agent does not fill them out. The attorney does.
This is the California Probate Process.
The best thing is to avoid probate altogether. It will save you time, money and headaches. Get a will and a trust. Put the property in the trust. Make sure not to put the name of your heirs on the deed. Put the name of the trust only. This image shows the benefits of a trust versus a will. If you only have a will, you have to go through probate.
These are the essentials of good estate planning.
A married couple should take ownership as community property to avoid extra taxes.Here is one of Paul Horn's videos on the probate process.
https://www.youtube.com/watch?v=IZtMW7hlH-c
You should have an attorney handle your will and trust. This is not legal advice. I am not an attorney. I would recommend Paul Horn to handle trusts, wills and probate. He knows what he's talking about. I've been doing historical date of death appraisals for over 40 years. I've had to deal with estates and probates so I've dealt with many estate and planning attorneys.
@paulhornesq https://www.paulhornlawfirm.com/
Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.
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