Questions executors ask

Usually yes, if the house was in your parent's name alone and not in a trust. Two exceptions: if the house is worth $750,000 or less and was your parent's primary residence, a simplified petition to determine succession may work instead of full probate (for deaths on or after April 1, 2025); and if the house was held in joint tenancy or community property with right of survivorship, it passes to the survivor by affidavit. An attorney can tell you in one conversation which path applies.

The person the court appoints to manage the estate. Called an executor if named in a will, an administrator if there is no will. Same job either way: gather assets, pay debts, sell what needs selling, and distribute what is left to the heirs.

No. Until the court issues Letters you have no authority to sign a listing agreement or a purchase contract. You can, and should, secure the house, keep it insured, and find out what it is worth.

The court document that proves you are the personal representative. Letters Testamentary if there is a will, Letters of Administration if not. Banks, the mortgage servicer, escrow, and the county recorder will all ask for a certified copy.

In Orange County, practically speaking, yes for a full probate. The forms and notice requirements are unforgiving and the court expects them done right. Attorney fees are set by statute as a percentage of the estate and are paid from the estate at the end, not out of your pocket. Simplified procedures for smaller estates can sometimes be done without one.

Statutory fees for the attorney and the personal representative are each 4% of the first $100,000 of the estate's gross value, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. On a $1,000,000 estate that is $23,000 each. Add court filing fees, publication, the probate referee (0.1% of appraised value), and bond if required. The personal representative can waive their own fee, and many family members do.

At the Costa Mesa Justice Center, 3390 Harbor Boulevard, Costa Mesa. Probate hearings are in the morning and the calendar is published in advance.

The estate does, from estate funds. If the estate has no cash, heirs often advance the payments and are reimbursed at distribution; keep records. Federal law (Garn-St Germain) prevents the lender from calling the loan just because the borrower died, but the payments still have to be made or the lender can foreclose.

Yes, and tell the insurer the owner has died and the house is vacant. Many policies limit or void coverage after 30 to 60 days of vacancy unless you add a vacancy endorsement. A fire in an uninsured probate house is a disaster for the estate and for you personally.

They can, but they generally owe the estate fair rent or that value is accounted for at distribution, and their presence can complicate the sale. Put the arrangement in writing early.

With full authority, yes, though leases longer than a year may need court approval. It can make sense if the estate will take a long time and the house needs income. It rarely makes sense if the plan is to sell within a year, since tenants complicate showings and a tenant-occupied house sells for less.

They continue to be owed. You must file a Change in Ownership Statement, Death of Real Property Owner (form BOE-502-D) with the Orange County Assessor within 150 days of the death. Whether the house is reassessed depends on who inherits it; see the Proposition 19 question below.

Yes. Transfer them to the estate's name, keep them on, and pay them from the estate account. A house without power and water cannot be shown, inspected, or kept safe.

Do not change the locks or remove them yourself; California treats that as an illegal eviction even for squatters. Call an attorney who handles unlawful detainer. Meanwhile, document everything and keep the utilities in the estate's name.

With full authority, about the same as any sale: two to four weeks on the market and 30 to 45 days in escrow. With limited authority, add six to ten weeks for the court confirmation hearing.

Authority under the Independent Administration of Estates Act to sell real property without a court hearing. You give heirs 15 days' notice of the sale and close if nobody objects. It is printed on your Letters.

A form you send to heirs and other interested people describing what you intend to do (sell the house, to this buyer, at this price). They have 15 days to object. If no one objects, you proceed. It is required for sales under full authority.

The process for selling under limited authority. You accept an offer, your attorney petitions the court, and at a hearing the judge confirms the sale unless someone overbids. The accepted price must be at least 90% of the probate referee's appraisal.

At a confirmation hearing anyone can outbid the accepted buyer. The first overbid must be at least the accepted price plus 10% of the first $10,000 plus 5% of the balance. Bidders need a cashier's check for the deposit that day. The original buyer can bid back.

A state-appointed appraiser assigned by the court to value the estate's non-cash assets, including the house, as of the date of death. Their fee is 0.1% of the value appraised. Their number sets the floor for a court-confirmed sale and is the usual date-of-death value for tax basis.

You are exempt from the Transfer Disclosure Statement because you did not live there, but you must disclose anything you actually know about the property's condition, and most other California disclosures (natural hazards, lead paint for pre-1978 homes, and so on) still apply.

Usually not beyond safety items and a clean-out. Buyers of probate homes expect dated condition and price accordingly. Renovating with estate money rarely returns more than it costs. See the guide on selling as-is.

Yes, if you have authority and the price is fair to the heirs. Investor offers are typically 15 to 30 percent below market. As personal representative you have a duty to get a fair price, so get a market opinion before accepting one.

Yes. Typically at appraised value, with the buying heir getting a loan or crediting their share. It needs to be documented and, with limited authority, confirmed by the court. Other heirs must be notified.

Yes. Most probate houses are sold in the middle of the process. Proceeds go into the estate account and are distributed when the estate closes.

You do, as personal representative, and the recorded deed will reference the probate case. Escrow will need certified Letters and, for limited authority, the court's order confirming the sale.

You need one who has actually closed probate sales and understands Letters, the Notice of Proposed Action, and confirmation hearings. A good general agent can learn it, but you should not be the one teaching them.

Usually little or none. The house's tax basis steps up to its fair market value at the date of death, so a sale near that value produces little gain. Appreciation after the death is taxable. See the guide on step-up in basis.

Prop 19, effective 2021, limits the parent-to-child property tax exclusion. A child can keep the parent's low assessed value only if the child makes the house their primary residence within a year, and only up to $1 million of value above the old assessed value. If the house is sold, Prop 19 does not matter. If an heir wants to keep it, it can raise the property tax dramatically.

Yes. A final personal return for the decedent, and a fiduciary income tax return (Form 1041) for the estate if it earns more than $600 in a year, which a house sale usually triggers. Federal estate tax applies only to estates over about $13 million; California has no state estate or inheritance tax.

The estate does, from its assets, including house proceeds. Heirs are not personally liable for a parent's debts. Creditors must file claims within four months of Letters being issued.

The loan becomes due when the borrower dies. Heirs typically have six months (extendable to twelve) to sell or refinance, and can buy the house for 95% of its appraised value if the loan balance is higher. Contact the servicer immediately and keep every letter.

The estate can pursue a short sale with the lender's approval, or in some cases let the house go. Heirs are not personally responsible for the shortfall. Talk to the attorney before making any payments from your own money.

After debts, taxes, fees, and expenses, the remainder goes to the beneficiaries as the will directs, or by California's intestate succession rules if there is no will. The court approves the accounting before anything is distributed.

Nothing. A market opinion, a walkthrough, or a phone call to explain your Letters costs nothing and obligates you to nothing. I am paid a commission only if I sell the house, from the sale proceeds at closing.

No. Some estates should keep the house. I will tell you that if it is true. I reply by email first unless you ask me to call.

Yes, every time. I coordinate the listing, the Notice of Proposed Action or the confirmation petition, and escrow with your attorney's office so nothing falls through the gap between us.

All of it. I am based in the county and have sold in the north, the coast, and the south.

Yes. Trust sales are simpler (no court involvement) but have their own paperwork, and the tax basis questions are the same.

Email me a photo of your Letters, or of the will if you have not filed yet, and the property address. I will reply within one business day with what your authority means and what the house is likely worth.