Probate Sale Process

Prior to Listing 
Check with either personal representative or attorney to

  • Power of Sales: Check if will contains power of sales clause.
  • No Power of Sale: Check if there is no power of sale in will or no will at all.
  • Notice of Sale: See if sale of real property must be published (attorney to prepare).
  • IAEA Powers: See if personal representative has full IAEA powers.
  • Limited IAEA Powers: If personal representative has limited IAEA powers, attorney must mail Notice of Proposed Action Regarding Intent to List Property.
  • Property Specifically Bequeathed: See if property is specifically bequeathed. If so, contact attorney.
  • Appraisal: Check Appraisal report.
  • Exclusive Listing Agreement: Consider exclusive listing agreement.

Sign Listing Agreement

  • Full IAEA Powers: Sign exclusive right-to-sell list agreement without giving notice (do not need order authorizing execution of exclusive right-to-sell listing agreement).
  • Limited IAEA Powers: Contact attorney to obtain order authorizing execution of exclusive right-to-sell listing agreement.

Market Property and Accept Offer

  • If Sold Using Full IAEA Power: Check if notice of proposed actions must be sent to heirs/beneficiaries before escrow can close.
  • If Sold Using Limited IAEA Powers: If so, court confirmation required.

Close Escrow

  • If IAEA Sales: See if escrow will need executor's/administrator's deed, copy of Notice of Proposed Action and attorney opinion letter. Escrow may also require certified copies of proof mailing notice of Proposed Action Order for Probate and Letters.
  • If Court Confirmation: See if escrow will need executor's/administrator's deed and certified copy of order confirming sale.