Court Confirmation and Overbids
Guardianship vs Conservatorship in a Home Sale
Both are court-supervised roles that protect someone who cannot manage their own affairs, and the difference is the person's age. A guardianship is established when the court appoints someone to handle the financial and personal affairs of a minor. A conservatorship does the same for an adult, typically one with diminished capacity.
Selling real property in either case
When a home owned by a minor or a protected adult must be sold, the sale runs through the court and requires confirmation, much like a limited-authority probate sale. In San Diego, notice rules are specific: in a guardianship, notice must reach any ward age 12 or older, and in a conservatorship, the conservatee must be notified. The court confirms the sale only to the real buyer and looks closely at whether it serves the protected person. We handle these sensitive sales with the documentation the court expects.
San Diego Superior Court Local Rule 4.13.1; California Probate Code. Not legal advice.Have a probate property in San Diego or Riverside County?
Ron Burner, Certified Probate Real Estate Specialist (CPRES), has guided families through 50-plus probate sales. Get straight answers with no obligation.
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