Why Documentation Matters in Probate Sales

Selling a property through probate involves more than a standard real estate transaction. California probate law requires specific documents to ensure the sale is legally valid and court-approved. Being prepared with the right paperwork can save time, avoid delays, and reduce stress.

Essential Documents Checklist

• Death Certificate – Official proof of the decedent’s passing is required to begin probate.
• Last Will and Testament (if available) – Determines the executor and distribution of assets.
• Letters Testamentary or Letters of Administration – Court-issued documents giving the executor or administrator authority to act.
• Inventory and Appraisal – A court-approved valuation of the estate, including real property.
• Notice of Proposed Action – Required in many probate sales to notify interested parties of the intent to sell.
• Purchase Agreement – Standard contract between buyer and seller, often subject to court confirmation.
• Court Confirmation Documents – In some cases, the sale must be confirmed in court before closing.
• Deed Transfer Forms – Legal documents transferring ownership of the property to the buyer.

Additional Helpful Records

• Mortgage statements and payoff information
• Property tax bills
• Insurance policies
• HOA documents (if applicable)

Key Takeaways

• Probate real estate sales require more documentation than traditional sales.
• The executor or administrator must gather and file official court documents.
• Being organized with paperwork helps streamline the sale and avoid legal issues.