Ventura County Probate Sales

Decedent – Decedent refers to the person who died.

Decedent’s Estate – A decedent’s estate refers to all of a person’s real and personal property (assets) that they owned when they died.

Heir – An heir is a person who has a legal right to inherit from a person who dies without a will.

Intestate – The legal term for when someone dies without leaving a will.

Living Trust – A living trust is created during a person’s lifetime, which designates a trustee (who then holds legal possession) to distribute their assets and property to a beneficiary.

Testate – The legal term for when someone dies and leaves a will.

What does a probate court do?

In California, a probate court is responsible for several matters, including determining whether there is a will and if the will is valid. A probate court will also decide who the decedent’s heirs or beneficiaries are and how much the decedent’s estate (real and personal property) is worth. 

Next, the probate court will help allocate payments to cover the decedent’s debts and expenses. Finally, the court (through an executor or administrator) will distribute the remainder of the estate to the decedent’s heirs or beneficiaries.

Do I need a real estate agent for a probate property?

It is highly recommended that you hire a real estate agent who is familiar with probate and can help ensure that the property is sold in accordance with California probate laws. At Team 805 Real Estate, our agents have extensive experience selling properties that are subject to probate. 

 We help streamline the sale, working with your probate attorney to ensure that it goes smoothly. We are proud to have a certified probate expert (CPE) on staff to assist you in this stringent legal process.

Who will be the executor or administrator of a decedent’s estate?

If a person dies with a will, the executor will be named in the will. If a person dies without a will, the court will appoint an administrator. The court gives a priority list for who should be named administrator, beginning with a surviving spouse or domestic partner and the decedent’s children.

How much does probate cost?

It depends on whether you hire an attorney to assist in the process. Probate attorney fees are set by statute in California. According to Probate Code 10810, an attorney may receive compensation based on the value of the estate as follows:

• 4% on the first $100,000;
• 3% on the next $100,000;
• 2% on the next $800,000;
• 1% on the next $9,000,000;
• .5% on the next $15,000,000; and
• A reasonable amount to be determined by the court for all amounts above $25,000,000.

In addition to attorney fees, there may be court fees, filing fees, and costs related to the sale of real property. 

Does an estate have to go through probate?

Maybe, depending on the situation. There are ways for people to avoid probate or have certain assets avoid probate in California, such as setting up a living trust prior to their death or when a house is owned in joint tenancy with a right of survivorship. 

Additionally, California allows for a simplified procedure for estates that are less than a certain amount. You should always consult with an experienced estate planning attorney about your legal options.