Thursday, September 27, 2007

Is the Paperwork Different in a Probate Sale?

With a keen insight of the marketplace and familiarity of the Probate Code, The Sanborn Team handles the sale of real property through Probate & Trust accurately and promptly. As you may know, the sale of real property through Probate & Trust is not the same as the sale of property outside of the court system. Probate and Trust sales required special disclosures, listing agreements and purchase contracts.*
Since the seller of a probate has usually never lived in the decedent's or conservatee's house, they are not required to fill out certain disclosures that express the condition of the property. These disclosures are:
  • Real Estate Transfer Disclosure Statement
  • Earthquake Hazards Report
    Statewide Buyer and Seller Advisory
  • Local Area Disclosures
  • Seller Property Questionnaire
  • Agent Visual Inspection Disclosure

Also, the listing agreement and purchase contract are different as well. Probate & Conservatorship listings must be on the Probate Purchase Listing Agreement and all offers must be on Probate Purchase Agreement.

You will discover that all agents are not experts in the sale of real property through probate and trust sales. This lack of experience can only lead to the trustee/administrator to fail finding the best buyer and fail to provide the correct paperwork that protects the trustee/administrator. Although to many real estate agents the sale of probate seems similar enough to a traditional transaction, this sale takes a comprehensive understanding of the court requirements.

The Sanborn Team brings you and your clients over 30 years experience of marketing and selling Probate and Trust properties. To find out about why we are the experts, please visit our website at

*These forms are created by the California Association of Realtors