Below is a basic outline of the Probate Sale Process.  For complete details, please seek the professional assistance of an attorney.

Prior To Listing: Check with either personal representative or attorney to see if:

  • Power Of Sales: Will contains power of sales clause.
  • No Power Of Sale: No power of sale in Will or no Will.
  • Notice Of Sale: Sale of real property must be published (attorney to prepare).
  • IAEA Powers: Personal representative has full IAEA powers.
  • Limited IAEA Powers: Personal representative has limited IAEA powers. If so, attorney must mail Notice of Propsed Action Re Intent to List Property.
  • Property Specifically Bequeathed: If so, contact attorney.
  • Appraisal: Check Appraisal report.
  • Exclusive Listing Agreement: Consider exclusive listing agreement.

Sign Listing Agreement

  • Full IAEA Powers: Sign exclusive right-to-sell listing agreement without giving notice. (Do not need order authorizing execution of exclusive right-to-sell listing agreement)
  • Limited IAEA Powers: Contact attorney to obtain order authorizing execution of exclusive right-to-sell listing agreement.

Market Property & Accept Offers

  • If Sold Using Full IAEA Power: Notice of proposed actions ust be sent to heirs/beneficiaries before escrow can close.
  • If Sold Using Limited IAEA Powers: Court confirmation required.

Close Escrow

  • If IAEA Sales: Escrow will need executor's/administrator's deed, copy of Notice of Proposed Action and attorney opinion letter.
  • If Court Confirmation: Escrow will need executor's/administrator's deed and certified copy of order conforming the sale.

Brought to you by Randy Charlton of Century 21 Home Realtors.