When a loved one passes away and they convey their final wishes via a Last Will & Testament or an equivalent document (or leave no instructions), there are steps to take to settle the estate and sell any real estate property owned by person who passed away. Here’s a general outline of the initial steps to take...

First, I would strongly suggest trying to locate any and all documentation you can find relating to that person's final wishes, which are typically in the form of a Will or Trust. With any luck, your loved one will have had an open conversation with you about their final wishes and shared with you any documentation they put in place to that regard -- though that is not always the case. The types of documentation you locate will likely dictate what you need to do next. 

You might also try to identify their bank accounts, bills, debts, creditors, assets, real estate they own, etc.

If you're unsure about any legal or financial aspects, consider consulting an attorney, CPA, and/or financial advisor who specializes in probate estates. Consult a real estate agent well-versed in trust estates as well regarding the value and potential sale of any real estate. Feel free to reach out to me at 916-342-1372 if I can assist you.

I also have a full slate of resources relating to selling any real estate owned by the estate, such as appraisers, junk-hauling, yard maintenance, inspectors, contractors, estate liquidators, stagers, etc. that I am happy to connect you with.

Request multiple copies of the death certificate, as you will need these for various legal and financial matters. 

When someone dies without a will or trust, it is called "intestate." In such cases, the distribution of the deceased's assets is handled according to state laws, which dictate how the estate will be divided among heirs. Depending on the size of the estate and the value of the deceased person's assets, you may need to file for probate. I have observed situations where heirs prolong the inevitable and put off engaging professionals... I would strongly suggest being proactive with any estate.

If probate is necessary, file the will and a petition for probate in the appropriate California Superior Court. I have seen some people try to navigate this legal process themselves, though you really should work through an attorney. It is worth noting that if the estate is deemed to be “small” (below a certain value threshold), the process may be simplified.

If there is real estate owned by the deceased -- verify that there is a valid homeowners insurance policy on the property. Here’s the reality: if a property is uninsured and something happens like a broken pipe, a break-in, vandalism, a fire, etc…the estate could suffer a massive and catastrophic financial loss. A house or other real property is probably going to be the highest-value financial asset of a probate estate. And if it’s uninsured, and there’s a loss, there is no do-over. There is no retroactive insurance coverage if policy coverage has lapsed. Read more about this by clicking here.

There are many, and be patient because it takes time. The court will appoint an Administrator of the Estate or an Executor of the Estate. There is a formal process to notify beneficiaries and heirs, notify and pay-off creditors, inventory the estate, etc. Again, consult an attorney.

Open a separate bank account in the name of the probate estate to manage expenses and distributions. If you sell real estate as a part of the probate estate, the net proceeds of the sale will likely need to go into a probate bank account.

Maintain detailed records of all transactions, expenses, and distributions made. This documentation will be important. Follow probate steps regarding how assets should be managed and distributed to beneficiaries. This may involve transferring property titles, selling real estate, or liquidating assets.

Again, feel free to reach out to me for help with selling real estate held in a probate. There are several things to do in order to prepare a property/home for sale - and I can assist you, and connect you with contractors and other service providers who can do the heavy lifting as well. I welcome your call at 916-342-1372.

Feel free to reach out to me for help with selling real estate held in a trust. There are several things to do in order to prepare a property/home for sale - and I can assist you, and connect you with contractors and other service providers who can do the heavy lifting as well. I welcome your call at 916-342-1372.

I do not provide any tax advice or legal advice, as I am not a CPA and not an attorney. If you would like referrals to qualified professionals that can assist you, I can help to connect you.