Probate Knowledge Center
Your San Diego Probate Home Questions, Answered
102 straight answers on selling a probate or inherited home in San Diego and Riverside County. Written by Ron Burner, Certified Probate Real Estate Specialist (CPRES), with the California Probate Code and San Diego court rules cited.
Getting Started
13 articles- What is probate?
- Does every estate in San Diego County have to go through probate?
- How do I know if probate is required?
- How long does probate take in San Diego County?
- What is the first step after someone passes away?
- How soon should I hire a probate attorney?
- Can I start cleaning out the house before probate is opened?
- Can I change the locks on the probate home?
- Can I stop paying the mortgage during probate?
- What happens if no one pays the property taxes?
- Can utilities stay on in the deceased owner’s name?
- Who is in charge if there is no will?
- Do I need the original will to start probate?
Selling a Probate Home
14 articles- Can I list the house before I receive Letters Testamentary?
- Can I accept an offer before the court appoints me?
- Who signs the listing agreement?
- Can the executor live in the home?
- Can I sell the home as-is?
- Do I have to make repairs before selling?
- Should I renovate before selling?
- What if the house is full of belongings?
- Who pays for the clean-out?
- Can I sell with tenants still living there?
- Can I sell if there is a reverse mortgage?
- Can I sell if the home is in foreclosure?
- Can I sell a probate home to a cash buyer or investor?
- How is the list price set in a probate sale?
Executors and Administrators
6 articles- What is a personal representative, executor, or administrator?
- What are Letters Testamentary and Letters of Administration?
- What is the difference between full authority and limited authority under the IAEA?
- How do I get full authority under the IAEA?
- What is a Notice of Proposed Action?
- Do I have to accept the role of executor?
Heirs and Beneficiaries
8 articles- Do all heirs have to agree to sell?
- What if one heir refuses to sell?
- What if no one can find one of the heirs?
- Can an executor sell without telling the beneficiaries?
- Can beneficiaries stop the sale?
- Can an heir buy the house?
- Can the executor buy the property?
- What is the difference between a beneficiary and an heir?
San Diego Probate Court
8 articles- Where are San Diego probate hearings held?
- Can I attend my probate hearing remotely?
- How do I read Probate Examiner Notes?
- What happens if the examiner finds deficiencies?
- How do I reset a hearing after it is taken off calendar?
- How do I contact the Probate Examiner?
- How long does it take to receive Letters Testamentary after the hearing?
- What is the difference between formal and summary probate?
Court Confirmation and Overbids
9 articles- What is a conservatorship, and how does selling that home work?
- What is the difference between a guardianship and a conservatorship?
- What is court confirmation?
- Do I need court confirmation?
- What is an overbid?
- Can buyers still have inspections?
- Can buyers have financing contingencies?
- What happens if the winning bidder backs out?
- Do probate homes have to sell at 90 percent of the appraised value?
Probate Timeline
4 articlesProbate Costs and Fees
8 articles- Who pays Realtor commissions in a probate sale?
- Who pays closing costs?
- Who pays probate attorney fees?
- Can the estate pay for repairs?
- Can I use estate funds before probate closes?
- What happens if the estate owes taxes?
- Does the mortgage have to be paid off before selling?
- What happens to unpaid HOA dues?
Taxes and Capital Gains
6 articles- What is the stepped-up basis on an inherited home?
- Will I owe capital gains tax when I sell an inherited house?
- Do I pay income tax on the money I inherit from a home sale?
- Will the property taxes go up on an inherited home (Prop 19)?
- What is the probate referee and why does the appraisal matter?
- Do I need a date of death appraisal?