Legal Question in Wills and Trusts in California

Until the bank owns the house, you can't buy it from the bank. They can't sell you something they only have a lien on until they foreclose on the lien and no one else bids, so they become the owner. At that point you can offer to buy it from the bank. The probate attorney would be out of the picture because the estate would no longer have any interest in the property. You could do it with or without a real estate agent, but since the seller pays the agent, you are far better off using a buyer's agent. Of course if it goes to foreclosure sale the bank may not wind up the owner. If someone bids more than the debt, they become the owner and you would have to see if they would sell it to you. And if the bank becomes the owner, you might still find yourself with other buyers offering to buy it from the bank at a higher price. The bottom line is that the house is for sale on the open market and if it doesn't sell it will be on the auction market, and if it doesn't sell to a bidder, it will be back on the open market as a bank-owned property. You have to decide at what point and at what price you want to try to buy it, and balance that against whatever the risk is for this particular property that someone else will come in and buy it ahead of you. Lastly, considering that the seller pays the real estate professional, trying to make your decisions without one, when it would cost you nothing, is foolhardy.