Legal Question in Real Estate Law in California

Re: how do I purchase real estate that is in probate

You might want to review the Probate Code, sections 10000-10006 and 10300-10316 which cover sales of real estate in probate. A very quick summary: the executor or administrator can sell probate property (a) to pay the estate's debts, (b) when directed by the will, (c) where the sale is in the best interests of the estate. A notice of the sale must ordinarily be published unless the sale is directed or authorized by the will. The sale must usually be reported to and confirmed by the probate court before title passes. If there are any liens on the property, they must be paid from sale proceeds.

These codes are available at libraries.

You should also make sure that you are dealing with a properly-credentialed executor or administrator, so ask for court papers appointing or confirming the seller's capacity.

In addition, I recommend that you involve the usual professionals in the proposed transaction, including a real-estate or probate attorney and a title-insurance company, so that you end up with a deed without clouds and insured title. These should be people who practice and/or do business regularly in the county where the real property is located.