Legal Question in Wills and Trusts in California
Pre-probate ''agreement''
Can I enter into a pre-probate agreement with a potential buyer of my deceased uncles property ? The potential buyer and I have agreed to a price for the property but I have not yet been named as the administrator of the property yet. My uncle died 5 years ago with no will, no wife, no kids, and no brothers or sisters. My brother and I are the only remaining family members and he has signed a waiver of interest in the property. I live out of state from where the property is located and the buyer will forward costs incurred and do the leg work for me during the probate process. Will the court limit my ability to sell him the property ? Can or should I sell the property during the probate process or wait until I am the administrator ? Can we enter into a binding contract before I have the property ? The property is free of any debts and I will selling him the property below market value so he can make up for any out of pocket expenses and time he spent helping me.
2 Answers from Attorneys
Re: Pre-probate ''agreement''
this depends upon the state in which your uncle dies, in which the real property is located and whether or not there were any other substantial assets. you will need to retain an attorney and initiate a probate proceeding or proceedings in the appropriate state (and county) or states (and counties). if you attempt to sell the property without probate it is unlikely that the buyer will be able to obtain clear title.
in california there are several different procedures for selling real property after probate has been opened which depend upon the will or trust language and how the petition for probate was worded.
Re: Pre-probate ''agreement''
Depends. Officially you probably can not even list a house, sign an agreement or anything until Court order is obtained. That is, assuming it's a California probate, worth more than $100k, etc.... However, depending on the circumstances there may be options for signing an agreement. However, escrow can not close until you have Letters of Administration, Court Order and a Tax ID number. Hopefully your probate attorney has discussed options and procesures with you. If not, I do a substantial amount of probate work around Northern California and would be happy to be your probate attorney if this is a California probate.
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