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A Guide for Personal Representatives: Navigating Probate Real Estate Challenges

  • Writer: Jeremy Higgins
    Jeremy Higgins
  • Feb 20, 2024
  • 4 min read






Picture of Jeremy Higgins

Dear reader,


My name is Jeremy Higgins with the Higgins Team at ProbateExpert.info and thank you for visiting our blog where we strive to educate administrators and executors of probate and trusts. We specialize in the Northern California areas of Sacramento and Bay Area.


If appropriate, I want to express my sincere condolences on your recent loss as you navigate the responsibilities of being a personal representative in a probate estate. I understand the unique challenges that may arise in the realm of real estate. In this guide, I aim to provide insightful information to help you make informed decisions during this process.


1. Property Condition Challenges

Challenge: Addressing a property in need of repairs can be overwhelming, and the prospect of selling to off-market investors may seem intriguing.


Solution: Explore alternative solutions by working with contractors willing to handle repairs with deferred payment. This approach preserves the property's market potential and can be a cost-effective choice. Additionally, consider probate advances to alleviate immediate financial constraints. Please feel free to send us a contact request for any professional referral services you may need by visiting ProbateExpert.info/Contact


2. Legal Hurdles and Complexities

Challenge: Navigating the legal aspects of probate sales, including timelines, documents, and fiduciary duties, can be complex.

Solution: Seek professional guidance early in the process. An experienced probate Realtor, such as myself, can help you navigate legal intricacies, ensuring timely submissions and adherence to fiduciary duties. An experienced Probate Attorney and CPA are also worth their weight in gold.


3. Grieving Process and Managing Tasks

Challenge: Balancing probate tasks while grieving is undoubtedly challenging.

Solution: Consider enlisting the support of professionals, including The Higgins Team at ProbateExpert.info who are experienced in handling probate properties. This can provide relief in managing practical tasks, allowing you the necessary space to navigate the emotional aspects of grieving.


4. Misunderstandings and Misconceptions

Challenge: Misconceptions about property conditions and sale timelines may impact decision-making.

Solution: It's essential to know that homes can be listed and sold on the open market regardless of their condition. As experienced Probate Realtors, We can guide you through this process and dispel common misconceptions, ensuring you make informed decisions.


Financial Considerations

Challenge: Limited funds for property maintenance can jeopardize its value.

Solution: Explore options such as probate advances and contractors willing to accept payment at the close of escrow. These alternatives ensure financial constraints don't hinder necessary property maintenance, preserving its overall value and ultimately the inheritance due to the heirs.





6. Market Conditions and Timing

Challenge: The condition of the home and market factors can significantly impact the sale.

Solution: Placing the property on the open market exposes it to a broader audience, thereby increasing competition and ultimately the sales price. As your Probate Realtors, We understand the importance of timing in real estate transactions, especially considering that the probate process typically takes 8-12 months to complete.

Strategically timing the sale to align with favorable market conditions is a prudent approach. By doing so, we can maximize returns to heirs without delaying the distribution of inheritance. The key lies in initiating the sale process early on or intentionally delaying the sale by a month or two. Homes can be listed and sold before the completion of the probate process but it is not necessarily required. Again, the goal is to maximize the value of the estate and provide the heirs their inheritance as soon as possible.

Picture of a calender

For instance, once you, as the personal representative, receive your Letters of Administration from the courts (typically 4-8 weeks after filing the Petition for Probate), the property can be actively listed and sold. On the other hand, if delaying the sale of the home by 6-8 weeks will significantly increase the value of the home because of market timing, this might be a more preferred strategy without delaying the completion of the probate process. Getting in touch with us as soon as possible in the process will ensure we choose the right strategy.


If you have any further questions or if there's anything specific you'd like to discuss regarding the timing of the sale and its correlation with the probate process, feel free to reach out. You can contact us by visiting ProbateExpert.info


7. Communication Challenges Between Heirs

Challenge: Disagreements among heirs regarding property value may arise.

Solution: An experienced probate Realtor, acting as a neutral third-party opinion, can help navigate these communication challenges. We can offer insights and assistance to ensure all heirs feel heard and valued. This is a consistent challenge we encounter with personal representatives and the heirs. We have found that having a neutral third party is helpful.


8. Connecting with Professionals

Solution: As your Probate Realtor team, we have a network of seasoned probate attorneys, CPA's, contractors, estate liquidators, probate advance services, and more. If you ever need guidance or wish to connect with these professionals, We are here to facilitate those connections.


Navigating probate real estate sales requires a careful balance of practical and emotional considerations. My goal is to provide you with the knowledge and support you need during this challenging time. If you have any questions or need further clarification, please don't hesitate to reach out.


Jeremy Higgins, Certified Probate and Trust Specialist



Jeremy Higgins has been serving probate and trust administrators and executors for 18 years. 80% of his business in 2023 involved Probate and Trusts sales. He is a licensed Realtor and has been certified through the California Association of Realtors as a Probate and Trust Specialist. He and his team serve the following areas:


Sacramento County: Sacramento, Elk Grove, Citrus Heights, Folsom, Rancho Cordova, Galt, Isleton

Yolo County: Davis, West Sacramento, Woodland, Winters

Solano County: Fairfield, Vallejo, Vacaville, Dixon, Suisun City, Benicia

Placer County: Auburn, Roseville, Rocklin, Lincoln

El Dorado County: Placerville, South Lake Tahoe, El Dorado Hills

Sutter County: Yuba City

Yuba County: Marysville, Wheatland

Sonoma County: Santa Rosa, Petaluma, Rohnert Park, Sebastopol, Windsor, Healdsburg

Napa County: Napa, American Canyon, Calistoga, St. Helena, Yountville

San Mateo County: Redwood City, San Mateo, Daly City, South San Francisco, Menlo Park, Palo Alto

San Joaquin County: Stockton, Lodi, Manteca, Tracy


 
 
 

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