A Patti Smith Guide

You're the Probate Personal Representative, Now What?

What to do when you're responsible for real estate a loved one leaves behind

You have been given the authority to settle a loved one's estate, and the largest asset is almost always the house. This is the plain-language guide to what happens next: the decisions, the order to make them in, and the questions worth asking before anyone puts a sign in the yard. Written for executors and administrators across El Dorado County and the Sierra Nevada foothills, including those handling it from out of state.

11Chapters, in full
141Probate terms defined
Since 1992El Dorado County
You're the Probate Personal Representative, Now What? book cover
Inside the Book

An average person, an unusual situation

Most personal representatives are ordinary people handed an extraordinary job: managing and liquidating the majority of a family member's assets, usually while still grieving. Once the court grants the authority to settle the real property, one question tends to arrive before all the others. Now what?

This book answers it in the order the decisions actually arrive. It starts with your goals and your timeframe, because those drive everything else. It moves through the family dynamics that make probate harder than the paperwork suggests, then the personal property inside the home, the investor letters filling your mailbox, the pre-listing inspection, the repairs worth making and the ones that are not, staging, pricing, taxes, and finally how to choose the person who will guide you through it.

Every chapter is on this page in full. There is no form, no download, and nothing gated. A complete glossary of probate terms follows the chapters.

01What are my real estate goals?
02How do I work with family dynamics?
03What should I do about personal property?
04Is an investor a good option for me?
05What should my agent's inspection include?
06What repairs or improvements should I make?
07What does it mean to stage the property?
08How should my agent set the right sale price?
09What do I need to know about taxes?
10How do I select the right real estate agent?
The Complete Text

Chapters

Open any chapter to read it in full. One opens at a time.

The Challenge

Typically probate executors and administrators find themselves in the position of being an average person in the unusual situation of having to manage and liquidate the majority of assets of a deceased family member. Usually such circumstances involve cleaning up and selling real property...in the midst of grieving the loss of a loved one.

Often once the Personal Representative is given the authority to settle the real property of their loved one’s estate, the first question that comes to their mind is...Now What?

I Can Help

My knowledge of estate administration circumstances, skill level in real estate marketing, and willingness to take on various additional related tasks (particularly for out of state executors/administrators) have been a tremendous asset to my clients.

Experience shows that most Personal Representatives have many questions about how to handle the real estate and other personal property now that they are responsible.

My Recommendation to You

  1. Ask yourself the questions listed below.
  2. Read this book to see if your questions are answered.
  3. Contact me regarding any additional questions that come up for you.

Questions to Ask Yourself

  • What are my real estate goals?
  • How do I work with family dynamics?
  • What should I do about personal property?
  • Is an investor a good option for me?
  • What should my agent’s inspection include?
  • What repairs or improvements should I make?
  • What does it mean to stage the property?
  • How do I set the right sales price?
  • What do I need to know about taxes? [J] How do I select the right real estate agent?

My purpose is for you to be extremely happy with the help I provide to you through the entire process.

Putting a sign in the front yard and putting the home on the market is just one part. Choosing the right real estate advisor to personally commit to getting you prepared for and through the process is the unpredictable hard part.

It is often the intangibles that you'll come to value most. Things like communication, patience, responsiveness, accountability, resourcefulness, problem solving, listening and strong people skills that can be hard to quantify. This is what I offer to you.

So, as you read this book, you may come to better understand the value of hiring an experienced Certified Probate Real Estate Advisor (CPREA) like me. In today’s real estate market, it’s not just getting an acceptable offer that means success because experience shows, one in five homes that go under contract never sell! We can avoid being that one in five.

Easy Button

This book gives you a better, deeper understanding of what it takes to sell the home for the most money, with the best terms, and the least stress in today’s challenging real estate market. You'll discover there are two paths:

  • You can decide to take the risky one with little support.
  • Or you can choose the “easy button” working with someone who has the skills and ability to lead, guide, and protect you through the days, weeks and months ahead, someone like me.

NOTE: PERSONAL REPRESENTATIVE is the generic title applied to the person who is authorized to act on behalf of the decedent’s estate. Usually this is either an administrator or executor appointed by the courts.

In this book I sometimes refer to the Personal Representative as the PR.

You may think this a strange question that I want you to ask yourself. But experience shows that going through the probate experience can be smoother and less stressful for personal representatives who have a clear idea of what they want to accomplish with the sale of the real property.

When they have identified what is most important to them and to the beneficiaries about settling the estate, their experience can be straightforward and rewarding.

When your values are clear, your decisions become easy. And we both want your selling journey to be an easy, low stress and successful one!

Identify Your Goals

Start by asking yourself “What is important about selling this house, to me?” You may find it helpful to write down your answers. If you have a clear understanding of why you are selling, it will help give you focus throughout the preparation, the marketing, and successful sale of the house.

Here are some goals that PRs have shared with me:

  • Most money from the home and property
  • Help with the personal property
  • Stress free process
  • Sell as quickly as possible
  • Find the right buyer
  • Honor my loved one

You may have one or more of these goals, or an entirely different goal. Whatever you want to accomplish from the sale of the real property, it’s important that you and your real estate professional both understand your goals.

Determine Your Timeframe

When you decide to sell the home, the first thing you must consider is your timeframe, the timing that works best for you. Timing will drive everything else; from there I can help you build a strategic, specific action plan to make it happen. Timing means different things to different people. I see the range from, “I want to sell immediately, how quickly can we get mom’s house on the market and sold?” to “I’m sort of in the three to six month’s timeframes.”

Regardless of whether it’s something that you’ve been thinking about for the last few weeks or have thought about, talked about, mulled over for a few months, you'll appreciate sitting down for an hour with an experienced “guide by your side” to help prepare.

For example, if someone passes away and you're responsible for their estate, you still have your life and your family to take care of. It could be that the property is in another city or state from where you live, and there are many details that must be addressed. Often there is a need for immediate relief to have this all handled. Other PRs, like you, have shared that knowing they have the help needed to make all the decisions and orchestrate those decisions, is priceless. To get it all done while going on with your life and keeping you informed of the process, allows you to feel comfortable and meet the timeframes that are required for the probate.

When considering timing, what we can help you understand is realistically what can get accomplished in what time frame. Sometimes this means while you might be perfectly capable of doing things yourself, to help shorten the time frame and the burden, you may choose to outsource tasks to someone else and enable us to get to market quicker.

Many improvements go a long way to defending equity, and it’s important to consider cost-effective repairs for the home. The proposed time frame, as well as available funds, will determine what gets done and how things get done. I can help with prioritizing. I can also help by introducing trusted vendors to you because sometimes it’s less stressful to have someone else do some repairs and preparation.

I take care of my executors and administrators throughout the transaction process because selling a home can be one of the most stressful things one does in life, especially with the addition of mourning the loss of a loved one.

As you can imagine, family and beneficiaries are a very big piece of managing the whole probate process. So, you need to be mindful of the many potentially sensitive obstacles.

Acknowledge Emotional Attachments

Family members and friends often have an emotional attachment to the person who is gone. I’ve witnessed the good and the not-so-good with emotional attachments. I’ve seen family members get along wonderfully with each other, working together to take care of all the tasks that need to be addressed to settle the estate. I’ve also witnessed the flipside, when the PR is doing their best to manage an unhappy or uncooperative family member or beneficiary.

Respecting the PR

The difficulty is usually the result of a family dynamic or because a family member has some issue and will not respect your position of authority, even though you have been put into the position of representing the estate. In this way some family member or members can make life more difficult. This makes moving through the probate process challenging. And, not surprisingly, problems frequently involve the decedent’s personal property. Sometimes a beneficiary believes that the decedent told them that they could have certain possessions, but nothing was written down.

To protect themselves and the estate, the PR is put in a position of having to do whatever the probate attorney is recommending. Having a will is helpful because the PR simply follows the decedent's wishes as written in the will. When no will is available, the assets, including the real estate proceeds, are distributed as directed by the probate court.

Regardless of whatever conversations may have occurred between the decedent and family members or friends, the probate court will determine the division of the assets; that is the legal process.

Explaining the Process

But explaining the process to the beneficiaries can be a challenge for the PR. The good news is that most of the time, when beneficiaries understand the process because it has been adequately explained to them, they are cooperative.

I want to touch on the importance of reducing stress and staying as calm as possible by keeping the beneficiaries informed. If the beneficiaries don’t know the steps that are being taken, they might get anxious. They may start talking amongst themselves and because they don’t have a clear picture, may begin to imagine things that aren’t really happening.

A Skilled Probate Attorney

The PR is tasked with being an overseer of the probate process. While the PR is executing these responsibilities, it really helps to be connected to a skilled probate attorney.

Because you are probably experiencing your own mourning and emotions, even while dealing with the other beneficiaries (who may be mostly family), keeping the two roles separated can be challenging.

Having a probate attorney as part of your team gives you someone to field questions to and perhaps step in and help with the sometimes more extreme issues, also known as the “messy stuff.” “.

What a relief it can be to have the attorney come along and represent what is to be done according to the law, protecting both the PR and the estate. Your attorney assists you by referring to the probate law while handling the disposition of the estate correctly. Additionally, when it comes to situations where family members are doing things outside of what needs to be done, according to the law, your attorney can take action to get things back on track. In some cases, the attorney can relieve you by having those conversations with the family, including the family member that is not cooperating.

The unattached person, the attorney, can be what one of my clients referred to as “the bad guy.” The

Attorney is someone to stand behind you and say, “Well, nevertheless, this is how it has to be.” And the PR can then simply continue with the things that need to be addressed with less tension and uncomfortable feelings.

Conversations Work

In most cases keeping the beneficiaries informed does not have to be in the form of any official paperwork, it can just be conversations with them. Communication always alleviates stress for people no matter what process they’re going through. When the attorney and the probate real estate professional are keeping the PR informed, then the PR can pass on the accurate information to the beneficiaries. When people know what to expect and they know what is happening, experience shows that the process goes much smoother.

Beneficiaries Feel Comfortable

Beneficiaries begin to feel comfortable because they see that steps are being taken and appreciate the progress. As your Certified Probate Real Estate Advisor, at a minimum you will receive a weekly update that can then be shared with the beneficiaries. This can be accomplished by including important information about the decedent’s home with current facts that can be forwarded easily. Again, I work to help you so that the beneficiaries feel calm and trust that everything is going well.

Vincent’s uncle Randy passed away, leaving Vincent responsible as the executor for his estate. They read that the personal property and the home were to be sold and the proceeds shared with Vincent and his three siblings.

Vincent’s brother, Ralph, lived a few miles from their uncle’s home. When the family met to talk about the disposition of the estate, Ralph shared that Uncle Randy had promised that he could have the house and pay the remaining beneficiaries $1,000 per month.

Because Uncle Randy had left a will with specific instructions, Ralph quickly realized that, although he believed he was entitled to the home, his uncle’s wishes as written in the will must be adhered to.

The biggest asset of most estates is the decedent’s home. There is also more property to consider. The belongings of the decedent are part of the personal Property, including furniture, cars, appliances, clothing, jewelry, etc.

The PR should first secure and maintain the property, then make plans for disbursement and liquidation of the personal property.

Securing and Maintaining the Property

The first thing is securing and maintaining the property. That can include getting all the utilities transferred into the PR’s name, rekeying the property, and possibly having a temporary alarm system installed. A Certified Probate Real Estate Advisor can help with these details and more; achieving the ultimate outcome of protecting the property.

An important step to maintaining the home is to make sure that the property insurance is kept up to date. Sometimes the insurance company becomes aware that the home is vacant and will cancel the property insurance. When that happens, simply ask me or your attorney for a referral to a company that will provide vacant house insurance.

Personal Property Disbursement and Liquidation

Once the property is secure, you need to decide what you do with the personal property. I always recommend that you should partner with your attorney to determine if the beneficiaries will be allowed to remove mementos from the property. Beneficiaries often want items of value inventoried to be included with the total estate value.

However, sometimes there are valuable items that the family members wish to keep, and without a will, it is up to the PR to determine what may be removed from the estate.

Carol traveled 1,500 miles because she was appointed as the executor of her mother’s estate. When she arrived, her first task was to secure the home and all of her mother’s personal property. The next day her brother and sister met with her at their childhood home. They began the process of going through all the memories and choosing things that were important to them. They soon became overwhelmed with the thought of what was to happen to all the things that they couldn’t take to their own homes.

After talking about the three options - estate sale, buyout, and donation - the family decided to schedule with the buyout company to give them a bid for removing all the things that they left in the home. Because Carol anticipated it would be a lot of physical work, as well as an emotional toll, Carol was relieved that she did not have to pack up all the things that were left...

Carol agreed to the buyout bid and an appointment was scheduled for removal of the remaining items. Because Carol needed to return home, she gave permission to the buyout team to access the probate mother’s home. Once the remaining personal property was removed Carol was happy that the next step would be to prepare the home for sale; the home was officially on the market a week later.

Having a Certified Probate Real Estate Advisor coordinate how to take care of the personal property can help keep you, as the PR, from feeling overwhelmed, especially if you live out of state.

During this step, the PR should try their best to be considerate as there are often items the beneficiaries wish to keep for sentimental reasons. Once the family members have removed all desired mementos, the remaining property will need to be liquidated.

It is important to keep in mind that the personal property may not be worth anything near the amount of its original purchase price.

The PR has three options or a combination of these options for liquidating the estate:

  1. Have an estate sale
  2. Sell the entire estate to a buyout company
  3. Donate items

Estate Sale

An estate sale is a good option if the estate has many valuable items remaining that can be sold individually by an estate liquidator. Estate sales usually require a six to eight-week period for marketing and planning; so, if there is enough time available, this may be a good choice for the estate. Once the estate sale is finished, all the remaining items will need to be removed, sold to a buyout company, or donated depending on their condition.

Buyout Company

The second option you may choose is to sell the personal property to a buyout company. The

Company hired to do the buyout will assess all the personal property and then give a price they will pay to remove everything. Buyouts are convenient because they will remove all the items, including the items that are not saleable. Once a price has been agreed upon, the buyout company will schedule a date, usually within a week, to clear everything out. This will give the PR an empty property to put on the market, quickly.

Donate

The third option is to donate personal property. When choosing to donate items, anything that is small needs to be boxed up prior to having it picked up by the donation company. You, family members, or someone from the outside who is hired to do so must box up all the items. The donation company is then scheduled to come in and remove everything. Like a buyout, this option provides you with a completely empty property fast, which means getting the house on the market sooner.

Whichever option you choose to pursue, it is important to keep records of what items are removed. You should try your best to meet the

Requirement of record keeping that is established by the probate attorney or court.

You can rest easy if you have someone who can help you handle the personal property of the estate. Many times, the PR does not live where the house is located, and they need a trusted Certified Probate Real Estate Advisor to organize the distribution of the personal property.

When an Investor is Not the Right Choice

When I speak with a PR, they often share that they have been inundated with phone calls and letters from investors, looking to offer a quick fix for the sale of the estate property.

These investors are trying to convince the PR that they are the best option for an easy sale of the estate, with promises of short escrows and no extra fees. For the PR, easy equals done! However, these investors have not seen the interior of the house and, most of the time, have not even driven by the property. Therefore, they do not know the condition of the property and are usually just looking to buy at the lowest price possible.

Experience shows that once the investor has viewed the property, they will often make claims about the property such as, “Oh. I didn’t know that it needed a new kitchen and bathrooms.” This is the point where they will negotiate tens of thousands of dollars less than their initial offer. The

Investors are representing themselves; they are not representing the estate. This means that any way they can find to decrease their initial price is a win for them and a huge loss for the estate.

They will also offer no extra fees, a misleading deal to say the least; with all the price-cutting, they can easily afford to absorb any additional costs, such as paying the estate closing costs. The investor’s goal is to entice the PR to take their offer before they wise up and find a Certified Probate Real Estate Advisor to represent them.

To prevent investors from taking advantage, the PR should hire someone who will give the honest facts about the property’s value. As a probate real estate professional, I am not trying to buy the property; my purpose is to represent you and the estate, and to negotiate the highest price possible, with the best terms. There is a saying: “Negotiating for yourself is like performing surgery on yourself, and you would never do that now, would you?”

The PR may have concerns that the cost of a commission will cut into the extra funds that they negotiate for the estate. However, this is not the case because the negotiated price greatly exceeds

The price offered by an investor and more than covers any commissions. The PR’s job is to maximize the amount of money for the estate. Experience shows selling to an investor without representation will surely decrease that value.

The plan would be to have the repairs bring the property up to a point where traditional buyers, rather than an investor, want to submit an offer. Traditional buyers ultimately pay much more than an investor, which is why these repairs may be the best idea. For example, having the property professionally cleaned will incur a minimal cost and ultimately make a great impression for traditional homebuyers.

Sometimes An Investor May Be the Right Choice

Sometimes with probate real estate, the property is in such poor condition that the work required to bring it up to minimum standards to sell is cost prohibitive to the estate. In this case an offer from an investor may be the best option for the estate. It

Might be the wisest choice to unload the property quickly with minimum stress to the PR and the beneficiaries. As your Certified Probate Real Estate Advisor, I can guide you through these types of decisions.

When I’m inspecting a property, I categorize it into one of two groups. Either the house is in good shape and can be put on the market with a minimal amount of work, or the house needs of a lot of updating, deferred maintenance, and should be listed “as is”.

Inspecting the property

When I inspect the property for my clients, I make a list of recommendations. I call this the “Honey Do List”. The Honey Do List is my recommendations of cost-effective improvements. This list is made up of simple fixes, it is not part of the formal, required documents used in the property transaction. The purpose of my recommendations is to help the property show better and to create more buyer interest.

Looking at the outside

I first stand in front of property and look at the roof. The condition of the roof will give a good idea of the condition of the rest of the property. If it has a tile roof, I look for cracked, slipped, or missing tiles. If it has a shingle roof I look for missing, curled, old and damaged shingles. If I see a roof in bad condition, I know this is going to be an issue and this property may fall into the “as is” category.

I walk around the property looking for fascia board damage, peeling paint, and termite damage. I look for cracks in the stucco. If there are cracks in the foundation, this property may again fall into the category of major deferred maintenance and may be considered a fixer. I typically do not recommend to my clients that they fix hugely expensive items since these are not cost effective.

The types of things I do put on my Honey Do List are repairs that can easily be done to a house which is already in pretty good shape prior to putting the property on the market. I look for broken windows or screens that are in poor shape. I look for a little bit of peeling paint. If the estate

Has available funds, my recommendation would be to scrape the peeling paint, prime and paint it - make it gone, that’s for a house that’s in decent condition.

Still looking around the outside of the property. If the house is in good condition and is going to be put on the market for a traditional buyer, I will recommend getting a landscaper. A very costeffective touch I recommend is putting bark in the flower beds. It costs very little and looks fabulous.

I do not recommend trimming trees or removing plants and bushes. I don’t usually recommend that kind of work to improve the appearance of a property, because if the house has been cared for, then the yard has been cared for. If it’s a house that has deferred maintenance, then the yard may need attention. Overgrown bushes and shrubbery, dead, dying plants, rubbish in the yard or along the side of the property; much of the time, this type of property is sold “as is” and the deferred maintenance is obvious.

Looking at the inside

In some cases when the house in general is in pretty good condition, but the carpeting is old and stained, then I will make a recommendation to the PR to consider replacing the carpet. I know that replacing the carpet will add more value to the house than the cost of the carpet. I recommend choosing neutral colored carpet, something in the taupe tones. But, of course, taking into consideration what the house looks like, I will recommend a color that complements the house.

Certified Probate Real Estate Advisors, like me, who do this every day can also be invaluable in letting you know what repairs and improvements to make. And, just as important, what improvements to not make because they won’t provide a good return when selling. Most sellers are surprised to know that many of the most impactful things cost very little money. Let’s take a closer look at the various steps in the marketing process.

With the fixer houses I do not recommend painting or updating. Buyers and investors who are looking for fixer houses know what they are getting into and what they must do to turn the property over quickly and for a profit. That’s a risky business and not for the faint of heart. Unless someone is very experienced in this, I do not recommend to my clients that they try to remodel the house themselves.

Always Clean

I always recommend having the property professionally cleaned, including the windows. Even homes that are dated and have the pink bathroom from 1950, but the house is in good shape, I recommend that the house be cleaned, because that’s what shows better. Nobody wants to look at someone else’s dirt. If you are selling the appliances with the property, clean the refrigerator, clean the stove. This is important, unless it’s an “as is” investor property.

Minor Fixes and Repairs

Looking for what needs to be fixed or repaired throughout the house. All these things are really an important part of our ability to defend the equity and ultimately get the best price. Why? Because every little repair, every little flaw in a buyer’s mind triggers their natural inclination to exaggerate the repair costs. Some research has found that buyers assume the cost to fix something is much more than it actually turns out to be and they will want compensation for it.

Even the most conscientious homeowner will have things that need to be fixed. It’s so much better to find out now and take care of cost-effective repairs. We may not discover everything because we won't be crawling into the attic or under the house, but we will look at the interior and exterior of the home together.

It's always better to fix what can be fixed cost-effectively, up front. Every detail addressed before opening the front door for homebuyers is going to make for a much smoother process throughout the transaction, and it really helps increase buyer interest.

Here’s an example of a cost-effective fix. I had a new listing that I was inspecting and was having a terrible time trying to get into the back yard. The house had a sliding glass door that just wasn’t sliding. There are two problems here. For one, that stuck door is going to keep a buyer from being able to get into the backyard and see how nice it is. And secondly, the buyer is going to want $1,500 for a new door. Instead, I noted it on my Honey Do inspection sheet. What it needed was new wheels on the bottom of the door. I called my handyman and $120 later the door is good as new. So, the seller spent $120 and avoided the buyer asking for a $1,500 credit.

I will help you determine what items you want to fix and what you want fixed by a handyman. Another benefit is that taking care of these things up front can be done more cost effectively because

You are choosing the plumbing fixtures, lighting, flooring, etc.

Having a skilled, experienced, and focused Certified Probate Real Estate Advisor who can lay out the different options around timing is critical. I will help you determine the time it would take for you to do it yourself, including material cost, and then weighing that out against the estimate of someone else doing the work. That way you can determine how much of your valuable time you want to take versus paying someone else, and whether you want to do that trade off, or not. You’ll have comparisons so you can make that best choice. It’s all about what’s most important to you while you are selling the property.

It’s my job to give you good options that you can choose from, and then you can decide what would be best for you and your specific situation. The good news is that you can rely on me as your go-to person, your Certified Probate Real Estate Advisor.

Rosalia was named executor in her friend’s will and became responsible for two properties

The largest property had been her friend’s home; it also had a second house with tenants that provided rental income. At the Initial consultation, Rosalia and I weighed the benefits of repairs and updates versus selling as-is. Rosalia chose to increase the net profit for the estate by improving the property. She chose cost-effective repairs, including painting most of the interior, hardwood floor repairs, power washing the front porch and a few miscellaneous items to improve street appeal.

At the neighborhood open house, many compliments were received. The neighbors that had been in the home prior to the decedent's passing couldn’t believe the transformation and even asked Rosalia for the name of the paint colors! And the best news is that the home sold for 99% of the list price, which made the beneficiaries very happy with Rosalia.

Staging is the process of preparing the home to make it as appealing as possible to a potential buyer. You want to highlight the strengths of the house that will attract buyers.

This proven process consistently helps make the home more appealing to more potential buyers. Doing these steps, up front, can not only make more money; it also reduces stress by selling the home faster and proactively removing issues rather than waiting until after a willing buyer has viewed the home.

The 70-30 Rule

Most people living in a house have 70% of their items decorating and filling space in the home. That leaves 30% actually showcasing the desirable features of the house. It is totally natural to surround yourself with all the things you love. But when selling a home much less personal property will showcase the home's features.

The focus is to transform space in the home that is filled with what the decedent loved and bring the focus back to what you are selling - the house.

To get the highest offers from potential buyers you need to reduce or remove much of the personal belongings. By reducing your personal items to 30%, space is then opened up to welcome real homebuyers in the market to imagine their belongings and their family in the home.

The Room-By-Room Review

To start the process of reducing the personal items to 30% take notice of the things that are unique and specific to the decedent, such as hobbies, and collections. I’ve worked with many people whose loved one had a vibrant personality, and the home reflected that vibrant personality. When placing a house on the market it is best to go with subtle and neutral features over vibrant ones. Choosing neutrals will attract the most buyers because it allows each person to see themselves and their belongings working in the space. That is the goal, to allow each buyer to fall in love with a house by seeing themselves living there.

Looking at each room of the house in a systematic way prevents overwhelm and analysis paralysis by

Dividing the home into sections allowing you, as seller to have a specific plan of action and to minimize your stress.

As your Certified Probate Real Estate Advisor, I will make time to go through the home with you, inside and out. We look at each room and what is currently in it. Then we look at how to make the rooms stand out from the competition. You decide as we go through - are you going to:

  1. Allow family members and friends to take cherished items?
  2. Donate possessions or sell through a buyout?
  3. Discard unwanted personal property?

Doing this for each room opens the space, allowing us to stage, and to create the desired effect we want in each room.

Through the Eye of the Camera

To reduce the overwhelm of preparing the home for sale, we go room-by-room together. We’re considering an eye on how we can create more of a blank canvas, and definitely a neutral canvas to be able to tell the story of the property. When we’re finished, you have a working plan enabling you to

Address one space at a time. You see the impact of what you're doing to enhance the features of the home. To get the plan in place we will discover the unintended distractions the camera will pick up and then consider what we want the buyers to focus on in each room.

We know that when we get the home ready for market, it will be online through photos and the camera will not edit it. I’ve discovered that even when I am coming into a home often my mind will edit unintentionally. It’s important that we get a good sense of things that may be drawing in people’s attention. We can then determine if what draws someone's attention is the focal point that we really want.

Take A Photo

This is a simple tip you could do right now. Go to a room you think looks great and take a photo. See if the room looks as great in the photo or if you find yourself looking at something on the floor or something on a nightstand versus seeing the whole room. This is why I always take photos as I’m going through the house. I am looking at it with an eye toward what we should move to another location or remove completely.

The Emotional Magic of Soft Staging

Finally, we want to create an emotional attraction to the house. This is what all potential buyers are looking for; to feel the excitement of this is home.

To help visually attract homebuyers, I use a technique called soft staging. The best way to explain soft staging is taking what is available in the home and creating vignettes that sell the lifestyle potential buyers are wishing to lead. Buying is an emotional process. What I do as your trusted CPREA is help you bring that emotional and magnetic attraction to each room, so buyers “feel at home”.

The home can subliminally become more attractive to buyers with just a few strategically placed items. This is why I suggest you team with a CPREA who is a marketing expert rather than your average real estate agent. When you hire a marketing expert, like me, before I ever place the house on the market, I begin using proven strategies to market it to sell quickly and just as important to sell for top dollar.

Clean, Repair, De-clutter, Depersonalize

Now that we have completed the Pre-Listing Inspection and the Room-By-Room Review, you will have a specifically crafted plan on what to do to prepare the house for the market. I can also help you with a list of trusted vendors who specialize in everything from cleaning to home repairs. That way if the task is too much for you, you will have the help you need versus the hard task of doing the work alone.

This is a time when I like to remind my sellers that when we do everything right and the market is good, you can expect to sell the home quickly

Usually in less than 45 days. It’s worth the preparation and it will be less hectic for you once you're under contract for the sale.

Remember, if you only choose one thing to get your home ready it should be white glove clean. Most buyers believe clean equals well-maintained, and not clean equals not maintained. If the home is not clean, experience shows that buyers will immediately start looking for the home’s weaknesses. My recommendation is to do whatever it takes to clean up thoroughly. This includes the most overlooked items when preparing a house for sale and that is the windows, so take the time or allow one of my vendors to detail them. Those windows must sparkle!

As far as repairs, I will work with you to determine what must be done based on your specific situation, what makes financial sense to take care of, and what to disclose and to let the next owner determine how it can be handled.,

Example Repair List, 123 Main Street

Preliminary Staging
  • Pack all personal photos
  • Living room, move white table from entry into corner of living room
  • Remove rug
  • Remove all stuffed animals and minimize pet toys
  • Kitchen, remove magnets from refrigerator and minimize items on the counters
  • TV room, move sofa under window, pack and store personal property
  • Office, pack unused items, tidy up desk
  • Patio, remove cover from table and chair
Repairs and To-Do, Exterior of Home
  • Hose down or power wash exterior including fascia board and eaves
  • Wash and spray paint security screen door
  • Replace white motion light at exterior of garage
  • Replace damaged ceiling fan in garage
  • Paint front fencing (dark brown)
  • Install dark brown mulch in planter beds
  • Continue to water the front yard
  • Install outlet cover at west side of garage
  • Replace vertical blinds at sliding door in living room
Interior of Home
  • Paint exterior of front door (blue)
  • Caulk master bathroom shower
  • Clean track of sliding glass door
Items to Purchase
  • White exterior light for garage
  • White light to replace damaged ceiling fan (garage)
  • Ceiling fan (master bedroom)
  • Two globe light (master bathroom)
  • Mulch for planter beds
  • Exterior cover for electrical outlet
  • Vertical blinds for living room sliding door
  • Schedule handyman to help with repairs
  • Schedule professional cleaning company

It's Showtime, Lights, Lights, and More Lights

The final soft staging tip is to check all the light bulbs. We make sure that we have the highest wattage light bulbs in all the lighting. All lights should be plugged in and working.

Buyers are naturally attracted to brightness; if you've watched any home tv shows from HGTV you always hear the compliment of “the home is light and airy." We want to create the feeling of sunlight because people tend to feel happier when there is light.

If the home has any rooms that are dark because of the angle of the sun or because of trees, we will really let the wattage of the light bulbs work for the house. We are basically bringing the outdoors in and creating that really bright feeling.

Occasionally sellers will say to me, “This is so bright and it’s brighter than I’m used to,” yes, it is, and think of it just like when you go to the theater. On the stage those lights are bright because we want to see the actors; we’re creating that same effect. When we do everything right, the home will sell

Quickly. Remember this is the house’s show time and we are creating the atmosphere to let it shine!

Executors and administrators have shared that they were outrageously happy with our preparation because we are differentiating their loved one’s home so that it looks great and looks better than the competition.

One of the things that surprises my clients is they often think they’re simply hiring someone with a real estate license. Over time they come to appreciate that what makes the difference in their experience is that choosing a Certified Probate Real Estate Advisor who is a strong marketer and negotiator begins with preparation. That’s why I spend whatever time it takes to prepare the house before we take the next steps.

People usually have an idea about what they think the property is worth.

As your CPREA this is what you can expect from me.

You need to have a Certified Probate Real Estate Advisor (CPREA) who you trust will work with you to establish the best price for your real estate property. Factors to consider:

  • Condition of home
  • ( Size and location
  • Q) Neighborhood activity
  • () Current market conditions

Property Profile

I order the property profile, which tells all about the property itself. This is the information that I use to work on my comparable market analysis. I look for what is important, the area where the property is located, the square footage, the bedrooms. I’m looking to see if there are any loans on the property, if there are any liens on the property. Knowing about loan balances and liens is

Important because I do an estimated seller proceeds document based on what I think the property will sell for minus the closing cost expenses, minus any mortgages or liens.

Appointment Questionnaire

I have pre-appointment questions for the PR that I collect over the phone when I first make contact with them. These include such things as, are there liens, what condition is the house in, have there been any add-ons, etc. I collect this information, so {am familiar with the property and ready for our first meeting. I want to have the best information for you, the seller, that I can have.

Research Sales Activity

I begin researching the sales activity for comparable homes of the property. I come up with a list of properties that have sold and properties that are pending. I call the ones that are currently active the “competition” for you. That’s how I talk about it, “These are your competition.” I print out a map of those properties. I identify where your property is located, so we can be talking about how

Your property fits in. I want to show you, the PR, that I am indeed the expert in this field. I make sure I have supporting documentation to back up the things I am sharing with you.

Visit the Property

Before our first meeting I do my best to go into the active listings in the neighborhood and possibly the pending ones if they are vacant, so that I can talk with you clearly about the properties in the area. The goal here is to come to a reasonable and obtainable listing price based on the condition of your property and what’s happening in the neighborhood.

I use the information that I have researched to help guide the price. I talk with you about the other properties for sale in the area and how the estate home compares with the competition.

I do not make a sales price recommendation until I have all the facts, and I assume that you want all the facts before you make a decision like this. I will give you my best advice in an honest and open dialog.

The real property, the home, is usually the biggest asset of an estate. Before it’s sold and before the beneficiaries receive their portion of the proceeds, there are some issues that a PR needs to consider regarding taxes and the estate.

Work with a Tax Professional

A question that I’m frequently asked by the PR is, “Is there anything I need to know regarding taxes and the estate?” Because tax laws are changing all the time, I always ask the PR if they have a tax professional. A tax professional will be well-versed in current tax laws and can answer any tax associated questions for the PR.

If you, as the PR, do not have a tax professional, I recommend contacting the attorney for a referral to someone that can answer inquiries concerning the proceeds and potential tax liability. As a wise advisor, I know I can’t be all things, all the time. However, as the orchestrator, I often give

Introductions to other key players. This has proven to be quite stress reducing for the PR.

The PR should never use personal banking accounts for handling any financial assets of the estate as it can create questions from the beneficiaries about how the PR is using the estate funds.

To help achieve this, the PR may be instructed by the attorney to obtain a tax ID (EIN) for the estate. With this new tax ID, bank accounts can be opened to handle any use of funds related to the estate, including the funds from the sale of the decedent's home.

Good Communicator

Having a good communicator as your guide is critical. It’s important that you understand the market, the pricing, and the preparation. I keep you updated and informed every step through the selling process because experience shows,

Communication is important for reducing your stress. The selling process is very time sensitive, and with frequent updates you will be able to respond quickly. This ensures you don't miss any opportunities to defend and protect the price of the home, literally defending your equity.

Experience is the Key

Every probate and each home are unique. Whether the probate property is a fixer and the best scenario is to simply sell as-is, or it is determined that, with a few cost-effective repairs (e.g., fresh paint and new carpet) it can earn thousands of dollars more, you can feel comfortable when a Certified Probate Real Estate Advisor (CPREA), like me, is on your team. Experience is a key component.

It’s never too early to partner with a CPREA, an expert at helping PR’s with a home in probate. The largest asset is typically the home of the decedent. Both the home and the personal property prove to be the most time-consuming part of representing the estate. Having a guide-by-your side to

Orchestrate the probate real estate process is a relief for several reasons.

My purpose is to provide the answers to your questions, to present your options, to introduce you to people that can help with the personal property, and to guide you through the preparation, marketing and successful sale of the decedent’s home. Others, like you, have shared their relief of having someone, like me, to help them make decisions and move forward.

The Home Selling Journey

Now that you’ve glimpsed the big picture to start the home selling journey, you can see why most people start thinking about, and begin preparing weeks before they want to sell. Keep in mind that the first, and most important step, is to hire someone you can trust to guide you through the probate real estate process outlined above.

A Lifetime Resource

It is important for you to know that, in addition to orchestrating the steps through the sale of the property in the estate, I am also here for you as a lifetime resource. Feel comfortable reaching out to me with any questions you may have concerning the estate, as well as, for any real estate situation outside of the estate. Always think of me as your go-to resource when you or someone you know has questions and wants accurate answers to those questions.

From the Back of the Book

Glossary of Probate Terms

141 terms, grouped by letter. Open a letter to read the definitions.

A15 terms
ABATE
To put an end to; nullify.
ABATEMENT
Cutting back certain gifts under a will when necessary to create a fund to meet expenses, pay taxes, satisfy debts, or to have enough to take care of other bequests that are given priority under law or under the will.
ACCOUNTING
An act or system of making up or settling accounts; a statement of account, or a debit and credit in financial transactions.
ADEMPTION
The failure of a specific bequest of property because the property is no longer owned by the testator at the time of his death.
ADMINISTRATOR
A person appointed by the court to administer the estate of a person who died without a will (i.e., a Personal Representative). (See also, general administrator, public administrator, and special administrator.).
ADMINISTRATOR WITH WILL ANNEXED
A person appointed by the court to administer the estate of a person who died with a will, but the will either fails to nominate an executor or the named executor is unable to serve,.
AFFIDAVIT
A written statement made under oath.
AMENDED
To add to or change a document that has been filed in court by replacing it in its entirety with a new version. In Probate, an Amended Petition will be given a new hearing date.
AMENDMENT
To add to or change a portion of a document that has been filed in court. In Probate, an Amendment to a Petition will not be given a new hearing date.
ANCILLARY ADMINISTRATION
Administration in a state other than the decedent’s domicile, when there is also a known administration at the place of domicile.
APPEARANCE
The formal act of presenting oneself physically to the jurisdiction of a court; a document identifying representing counsel.
ASSETS
All property other than income that is part of an estate.
ATTESTATION
The act of witnessing the signing of a document by another, and the signing of the document as a witness. Thus, a will requires both the signature by the person making the will and attestation by at least two witnesses.
ATTESTATION CLAUSE
The clause generally at the end of an instrument wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of same.
ATTORNEY-IN-FACT
The individual who is designated in the power of attorney document to act on behalf of another.
B7 terms
BENEFICIARY
An individual or organization to which a gift of property is made. Person (or organization) receiving benefits under a legal instrument such as a will, trust, or life insurance policy. Except when very small estates are involved, beneficiaries of wills only receive their benefits after the will is examined and approved by the probate court.
BEQUEATH
The first-person legal term used to leave someone personal property in the will, e.g., “I bequeath my antique car to my brother Jody.”
BEQUEST
The legal term used to describe personal property left in a will.
BLOCKED ACCOUNTS
Cash or securities that are placed in a bank, trust company, insured savings and loan or insured brokerage account, subject to withdrawal only upon court order or statute.
BOND
A document guaranteeing that a certain amount of money will be paid to the victim if a person occupying a position of trust does not carry out his legal and ethical responsibilities. If an executor, trustee or guardian who is bonded wrongfully deprives a beneficiary of his/her property, the bonding company will replace it, up the limits of the bond.
BRIEF
A written document that outlines a party’s legal arguments in a case.
BYPASS TRUST
A trust into which just enough of a decedent’s estate passes, so that the estate can take advantage of the unified credit against federal estate taxes. Also known as credit-shelter trust, A-B trust, or marital life estate trust.
C14 terms
CAPACITY
Mental ability to make a rational decision, which includes the ability to perceive and appreciate all relevant facts. Capacity is not necessarily synonymous with sanity. Legal capacity is the attribute of a person who can acquire new rights, or transfer rights, or assume duties according to the mere dictates of his/her own will, as manifested in acts, without any restraint or hindrance arising from his/her status or legal condition.
CERTIFIED COPY
An official copy of a particular document from a case file that is notated as a true, complete, and authentic representation of the original document.
CHATTEL
Any tangible, moveable thing, personal as opposed to real property.
CODICIL
An amendment or supplement to an existing will. When admitted to probate, it forms a part of the will.
COMMUNITY PROPERTY
Property acquired by a couple during their marriage except by gift or inheritance.
CONFIDENTIAL RECORD
Any information introduced into a court proceeding that is not available to the general public.
CONFLICT OF INTEREST
Refers to a situation when someone, such as a lawyer or public official, has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill his/her duties fairly.
CONTEMPT OF COURT
An act or omission that obstructs the orderly administration of justice or impairs the dignity, respect or authority of the court. May be demonstrated by behavior which shows intentional disregard of or disobedience of a court order both of which may be punishable by fine or imprisonment.
CONTESTANT
A person who contests the eligibility of a will to be admitted to probate.
CONTESTED
To defend against an adverse claim made in a court by a plaintiff, petitioner or a prosecutor; to challenge a position asserted in a judicial proceeding, as to contest the probate of a will.
CONTINGENT BENEFICIARY
Any person entitled to property under a will in the event one or more prior conditions are satisfied.
COSTS
An award of money for expenses in a civil suit or reimbursement for expenses in a probate matter.
COURT INVESTIGATOR
Conducts field investigations and assessments with individuals applying for a guardianship of the estate or conservatorship of the person and/or estate. The investigator interviews involved parties, relatives, attorneys, medical and psychiatric staff, various government agencies, and other parties. The investigator obtains statements, affidavits, and other evidence to prepare detailed reports and make recommendations for judicial review as required under the Probate Code.
CREDITOR
A person (or institution) to whom money is owed.
D14 terms
DECEDENT
A person who has died.
DECISION
The judgment rendered by a court after consideration of the facts and legal issues before.
DECREE
A court order.
DEED
A written legal document that describes a piece of property and outlines its boundaries. The seller of a property transfers ownership by delivering the deed to the buyer in exchange for an agreed upon sum of money.
DEVISE
A legal term that now means any real or personal property that is transferred under the terms of a will. Previously, the term only referred to real property.
DEVISEE
A person or entity who receives real or personal property under the terms of a will.
DISBURSEMENTS
The act of paying out money, commonly from a fund or in settlement of a debt or account payable.
DISCHARGE
The court order releasing the administrator or executor from any further duties regarding the estate being subjected to probate proceedings. Typically occurs when the duties have been completed.
DISCLAIMER
The repudiation or renunciation of a claim or power vested in a person or which he/she formerly alleged to have. The disavowal, denial, or renunciation of an interest, right, or property imputed to a person or alleged to be his/hers.
DISPOSITION
A disposition of property in a will.
DISTRIBUTEE
Someone who receives property from an estate.
DONEE
One who receives a gift. Thus, the beneficiary of a trust is generally referred to as the “donee.”
DONOR
One who, while alive, gives property to another, in the form of a trust.
DURABLE POWER OF ATTORNEY
A written legal document that lets an individual designate another person to act on his or her behalf.
E11 terms
ELECTIVE SHARE
Refers to probate laws that allow a spouse to take a certain portion of an estate when the other spouse dies, regardless of what was written in the spouse’s will.
ENCUMBRANCE
Any claim or restriction on a property's title, a debt.
EQUITY
The difference between the fair market value of your real and personal property and the amount you still owe on it, if any.
ESCHEAT
A legal doctrine under which property belonging to a deceased person with no heirs passes to the state.
ESCROW
Money or documents, such as a deed or title, held by a third party until the conditions of an agreement are met. For instance, pending the completion of a real estate transaction, the deed to the property will be held “in escrow.”
ESTATE
A person’s total possessions; including money, jewelry, securities, land, etc. These assets are managed by a fiduciary subject to a court order.
EX PARTE
Latin that means “by or for one party.” Refers to situations in which only one party (and not the adversary) appears before a judge.
EXECUTOR
The person named in a will to carry out the directions as set forth in the will. This person is the personal representative of the decedent's estate.
EXEMPLIFICATION
A formal type of certification in which the Clerk of the Court signs the certification of the document or record. The Presiding Judge then signs attesting to the fact of the identity of the Clerk of the Court, and that the signature is authentic. Finally, a Clerk of the Court signs again, this time attesting to the fact that the judge is a judge of that county's superior court, and that his/her signature is authentic.
EXHIBIT
Any physical object introduced and identified in court and received by the judge as evidence in a case.
EXPENSES OF ADMINISTRATION
The expenses incurred by an executor or administrator in carrying out the terms of a will or in administering an estate.
F4 terms
FAIR MARKET VALUE
That price for which an item of property would be purchased by a willing buyer, and sold by a willing seller, both knowing all the facts and neither being under any compulsion to buy or sell.
FIDUCIARY
A person or organization that manages property for a person, with a legal responsibility involving a high standard of care (e.g., conservators, guardians, personal representatives, agents, or trustees).
FIDUCIARY DUTY
An obligation to act in the best interest of another party. For instance, a corporation’s board member has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to the trust’s beneficiaries, and an attorney has a fiduciary duty to a client.
FINDING
Determination of fact by a judicial officer or jury.
G4 terms
GENERAL ADMINISTATOR
One who is appointed to generally administer the entire estate.
GRANTOR
The person who transfers assets into a trust for the benefit of another. (Also known as a trustor.).
GUARDIAN
A person appointed by the court to protect and manage the personal care or financial affairs, or both, of a minor (ward).
GUARDIANSHIP
The office, duty, or authority of a guardian. Also, the relation subsisting between guardian and ward.
H1 terms
HEIR
A person who would naturally inherit property through a will, or from another who died without leaving a will.
I7 terms
IN PROPRIA PERSONA (IN PRO PER)
From the Latin: “in one’s own proper person.” A case heard in which a party represents himself or herself ‘without benefit of any attorney; same as “in pro per.” A person who represents himself or herself in a court alone without the help of a lawyer is said to appear in pro per.
INCAPACITY
The lack of ability to act on one’s own behalf.
INHERITANCE TAX
In Some states no longer have a state inheritance tax as such. But if federal estate tax is owed, some of the amount is paid to the state and allowed as a credit on the amount of federal tax owed.
INTESTATE
Without a will. Opposite of testate.
INVENTORY AND APPRAISAL
A list of all assets in the estate at the beginning of the guardianship, conservatorship, or at the decedent's death. Cash items are valued by the fiduciary; the probate referee values all other items.
IRREVOCABLE LIVING TRUST
A trust created during the maker’s lifetime that does not allow anyone to change.
ISSUE
All natural children and their children down through the generations. Adopted children are considered the issue of their adoptive parents and the children of the adopted children (and so on) are also considered issue. A term often used in place of issue is “lineal descendants.”
J5 terms
JOINT TENANCY WITH RIGHT OF SURVIVORSHIP
Property that names a co-owner on its deed or title. At the death of one of the coowners, the other will become the sole owner of the property, regardless of what may be conveyed in the will.
JUDGMENT
A court’s official decision on the matters before.
JUDICIAL COUNCIL
The Judicial Council is the constitutionally mandated body responsible for improving the administration of justice in the state. Made up of judges, court executives, attorneys, and legislators. Established to standardize court administration, practice, and procedure enforcing court rules.
JUDICIAL OFFICER
An official of the judicial branch of government with authority to decide matters brought before the court. The term "judge" may also refer to all judicial officers.
JURISDICTION
A court’s authority to rule on the questions of law at issue in a dispute, typically determined by geographic location and type of case.
K1 terms
KINDRED
All persons described as relatives of the decedent under the Probate Code,.
L5 terms
LAPSE
The failure of a gift of property left in a will because when the testator dies the beneficiary is deceased and no alternate has been named.
LETTERS
The court document that establishes the authority to act as a guardian, conservator, or personal representative (executor or administrator). In decedent’s estates, an executor’s letters are designated “letters testamentary,” and an administrator’s letters are “letters of administration.”
LIFE ESTATE
The type of ownership a person possesses in real estate when he/she has only the right of possession for his/her life, and the ownership passes to someone else after his/her death.
LIVING TRUST
A trust set up while a person is alive, and which remains under the control of that person during the remainder of her life. Also referred to as “inter vivos trusts.”
LIVING WILL
Also known as a medical directive or advance directive. A written document that states a person’s wishes regarding life-support or other medical treatment in certain circumstances, usually when death is imminent.
M3 terms
MARITAL DEDUCTION
A deduction allowing for the unlimited transfer of any or all property from one spouse to the other generally free of estate and gift tax.
MINOR
A person under the age of 18.A minor is usually defined as someone who has not yet reached the age of majority. The term does not apply to an emancipated youth. As used in the context of a guardianship, a person under the age of 18 years of age who is placed in the care of a court-appointed guardian.
MOTION
A motion is a formal request made to a judge for an order or judgment. Motions can be filed for many purposes, such as: to continue a trial to a later date, to get modification or clarification of an existing order, fora judgment, for discovery issues, fora rehearing or reconsideration, for sanctions, or for many other purposes. Most motions require the underlying motion to be made in pleading, and a brief of legal reasons for granting the motion (often called "points and authorities"), written notice to the opposing party and a hearing before a judge.
N3 terms
NET ESTATE
The value of all property owned at death less liabilities.
NEXT OF KIN
The closest living relatives of a decedent.
NOTICE
Information given to a person or entity of some act done, or about to be done.
O1 terms
ORDER TO SHOW CAUSE
Court order commanding a person to appear in court at a specific date and time, and to show cause to the court’s satisfaction why he or she should not be compelled to perform a certain act (or cease a certain act)..
P16 terms
PERSONAL EFFECTS
Belongings of a personal nature, such as clothes and jewelry.
PERSONAL PROPERTY
All items, both tangible and intangible, that are not real property. Anything owned by a person that can be moved such as money, securities, jewelry, etc.
PERSONAL REPRESENTATIVE
The generic title applied to the person who is authorized to act on behalf of the decedent'’s estate. Usually this is either an administrator or executor appointed by the courts.
PETITION
A written, formal request properly filed with the court, for a specific action or order. The petition is a preprinted court form in some Cases, or written in proper format on pleading paper in others (e.g., petition for probate, petition for conservatorship, etc.).
PETITIONER
One who presents a petition to a court. The person who opposes the prayer of the petition is called the “respondent.”
PLEADINGS
In a civil case, the allegations by each party of their claims and defenses.
POINTS AND AUTHORITIES
Also referred to as “P’s and A’s.” Points and authorities refer to the written legal argument given to support a request for a motion. It includes references to past cases, statutes, and other statements of law to give added emphasis to the legality of the motion being requested.
POWER OF ATTORNEY
A written legal document that gives an individual the authority to act for another.
PREDECEASED SPOUSE
The term applied to a spouse who has died before the decedent while married to him or her.
PRETERMITTED HEIRA
Child or spouse who, under certain circumstances, is not mentioned in the will and who the court believes was accidentally overlooked by the testator when making his/her will. If the court determines that an heir was pretermitted, that heir is entitled to receive the same share of the estate as he/she would have had the testator died intestate.
PROBATE
The judicial process in which an instrument purporting to be the will of a deceased person is proven to be genuine or not; lawful distribution of the decedent’s estate. The legal process of administering a will. The judicially supervised process for marshaling a decedent’s assets, paying proper debts, and distributing the remaining assets to the persons or entities entitled. An estate may be probated even if there is no will.
PROBATE ESTATE
All the assets owned at death that require some form of legal proceeding before title may be transferred to the proper heirs. Property that passes automatically at death (property in trust, life insurance proceeds, property in a “pay-ondeath” account or property held in joint tenancy) is not in the probate estate.
PROBATE EXAMINER
The Probate Examiner examines files and documents in pending probate matters set for hearing, providing technical, procedural and legal review to ensure that matters before the court have proper notice and complete documents for a court ruling. The Examiner’s work-product is then posted prior to the hearing date for the parties to review and correct deficiencies (or defects) prior to the hearing.
PROOF OF SERVICE
The form filed with the court that proves the date on which documents were formally served on a party in a court action.
PUBLIC ADMINISTRATOR
A publicly appointed person who handles the administration of an estate when no other person has been appointed as executor or administrator.
PUBLIC RECORD
A court record available for inspection by the general public. (Compare confidential record, sealed record.).
R6 terms
REAL PROPERTY
Land and all the things that are attached to it. Anything that is not real property is personal property and personal property is anything that isn’t nailed down, dug into or built onto the land. A house is real property, but a dining room set is not.
RECEIPTS
All cash or other assets of the estate received by the fiduciary, other than those listed on the inventory and appraisement. Receipts must be reported to the court on a schedule in the periodic accounting.
RESIDUARY ESTATE
Also known as residue of the estate. Portion of the estate left after bequests of specific items of property are made. Often the largest portion.
RESIDUARY LEGATEE
The person or persons named in a will to receive any residue left in an estate after the bequests of specific items are made.
REVOCABLE LIVING TRUST
A trust created during the maker’s lifetime that can be changed. Allowing the creator to pass assets on to choose beneficiaries without using probate.
RIGHT OF SURVIVORSHIP
Ina “joint-tenancy” or “community property with right of survivorship,” the property automatically goes to the co-owner if the other co-owners dies.
S10 terms
SEALED RECORD
A record closed by a court to further inspection by anyone unless further ordered by the court (compare confidential record, public record).
SELF-PROVING WILL
A will accompanied by a sworn statement signed by the witnesses under penalty of perjury. Many states accept such wills in order to avoid the cumbersome process of requiring an executor to track down the witnesses.
SPECIAL ADMINISTRATOR
A person appointed to be responsible for a deceased person's property for a limited time or during an emergency. In such cases, the special administrator's duty is to maintain and preserve the estate, not to take control of the probate process.
SPECIFIC BEQUEST
A specific item distinguished from all others of the same kind belonging to the testator that is designated in the will as going to a specific beneficiary. If the specific item is no longer in the estate when the decedent dies, the bequest fails and resort cannot be made to other property of the decedent.
STANDING
The legal right to initiate a lawsuit. To possess standing, a person must be sufficiently affected by the matter at hand, and there must be case or controversy that can be resolved by legal action.
STATUTE
Any written law passed by a state or federal legislative body.
STIPULATION
An agreement between parties or their attorneys.
SUCCESSOR FIDUCIARY
The next person, or organization, appointed as when a vacancy arises in a conservatorship, guardianship, or decedent's estate because of the fiduciary's death, removal, or resignation.
SUPPLEMENT
Something added to complete a thing, make up fora deficiency, or extend or strengthen the whole. In Probate, these are generally filed to correct defects noted by the Probate Examiner.
SURETY BOND
See BOND.
T9 terms
TANGIBLE PERSONAL PROPERTY
Personal property that takes a tangible form, such as automobiles, furniture and heirlooms. Although such items as stock ownership and copyrights may be represented in the form of paper certificates, the actual property is not in physical form and therefore considered intangible personal property.
TAXABLE ESTATE
The fair market value of all assets owned by a decedent at date of death (gross estate) less certain allowable deductions, such as debts of the decedent, last illness and funeral expenses, and expenses of administering the decedent’s estate (attorney’s fees, court costs and newspaper publication fees).
TENANCY IN COMMON
A type of joint ownership that allows a person to sell his share or leave it in a will without the consent of the other owners. If a person dies without a will, his share goes to his heirs, not to the other owners. TESTATMENTARY,.
TESTATE
A person who has made a will or who has died leaving a valid will; opposite of intestate.
TESTATOR
The person who makes a will.
TITLE
Ownership of property.
TRANSFER AGENT
A representative of a corporation who is authorized to transfer ownership of a corporation’s stock from one person to another. An executor or administrator must use a transfer agent when passing title to a decedent's stock to an heir or beneficiary.
TRUSTEE
The person named in a trust document who will manage the property owned by the trust and distributes any income according to the document.
TRUSTOR
The person who transfers assets into a trust for the benefit of another.
V2 terms
VENUE
The geographical limits of court’s jurisdiction (usually a county, or a division with a county).
VERIFICATION
An oral or written statement that something is true, usually sworn to under oath.
W3 terms
WILL
A legal document which directs the disposal of the testator’s property after their death. A will is revocable during the maker’s lifetime.
WILL CONTEST
A proceeding peculiar to probate for the determination of questions of construction of a will or whether there is or is not a will. Any kind of litigated controversy concerning the eligibility of an instrument to probate as distinguished from validity of the contents of the will.
WRIT OF EXECUTION
A court order to a sheriff to enforce a judgment by levying on real or personal property of a judgment debtor to obtain funds to satisfy the judgment awarded to the judgment creditor. A Writ of Execution is issued by the court clerk.

Disclaimer: the intent of this glossary is to provide the layperson with a general understanding of terms commonly used in probate law. The definitions are not comprehensive and are not intended to serve as a substitute for independent research of the law.

Patti Smith, Patti Smith Real Estate
About the Author

Patti Smith

Patti Smith is an independent broker and the managing broker of Patti Smith Real Estate, a family-founded brokerage in Georgetown, California. She has guided buyers and sellers across El Dorado County and the Sierra Nevada foothills since 1992.

Probate work asks more of an agent than a listing does. It asks for patience with a family that is grieving, for coordination with a probate attorney, for someone who will handle the details when the personal representative lives out of state, and for straight answers about what the property is really worth. Patti wrote this guide for the person holding that responsibility, so the next best step is never a mystery.

Patti Smith Real Estate · Since 1992 · CA DRE #01110483 · REALTOR® · 6180 State Highway 193, Georgetown, CA 95634

Questions Readers Ask

Good to know

It is a plain-language guide for the person who has been appointed to settle an estate and is now responsible for the real property. It walks through goals, family dynamics, personal property, investor offers, inspection, repairs, staging, pricing, taxes, and how to choose the right agent, and it closes with a glossary of probate terms.

Executors and administrators, often called the Personal Representative or PR, who have been given authority to settle a loved one's estate. It is written for people handling this for the first time, including those doing it from out of state.

No. The book explains why unsolicited investor offers are usually made without seeing the property, and are frequently renegotiated downward once the investor walks through. It also covers the cases where an investor really is the right answer, which is when the property needs more work than the estate can reasonably fund.

The book covers three options and combinations of them: an estate sale, a buyout company, or donation. It also covers securing the property first, transferring utilities, rekeying, and keeping the insurance in force, since vacant homes can lose coverage.

Yes. Patti Smith is an independent broker at Patti Smith Real Estate in Georgetown, California, and has represented buyers and sellers across El Dorado County since 1992 (CA DRE #01110483). She can be reached at (530) 368-0852.

Yes. Every chapter is on this page in full, along with the complete glossary of probate terms. Nothing is gated and there is no form to fill out.

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