How it works
How a probate or trust sale works, step by step
From the first conversation to the day the sale closes, in the order it actually happens.
Most families have never done this before, and nobody should be expected to know it. Here is the whole path, from the first phone call to the day the sale closes, in the order it actually happens. Your attorney handles the legal side. We handle the house, and we keep everyone, including the attorney, updated at every step.
Step 1
A first conversation, with no pressure
We start by listening. Who has passed, who the family is, whether there is a will or a living trust, whether an attorney is already involved, and what is happening with the house right now. Is someone living there? Is it empty? Are the utilities and insurance still on?
There is nothing to sign at this stage and nothing to decide. The goal is simply to understand your situation well enough to tell you what comes next.
Step 2
Find out how the home was held
The single most useful document at the start is the most recent recorded deed. It shows how the home was held: in a living trust, jointly with someone who survived, as community property with a spouse, with a transfer-on-death deed, or in the person's own name alone. The estate's attorney or a title company can provide a copy.
How title was held largely decides the path. A home in a living trust usually goes to the successor trustee without court. A home in the person's own name alone usually needs probate. Your attorney makes the final call, and the deed helps them make it quickly.
Step 4
Protect the house while you wait
The time between the first call and the Letters is not wasted time. We walk the home with you, make sure it is secure, and help you confirm the insurance still covers it, since some policies limit coverage when a house sits empty.
Then we talk honestly about preparation. Many estate homes sell as they are, and that is often the right choice. Where a small amount of work would clearly return more than it costs, we say so and can coordinate trusted clean-out and repair vendors, always with the personal representative or trustee deciding.
Step 5
Price it for what buyers will pay today
We price an estate home the same way we price any home: for what buyers will actually pay for it today, in its real condition. Estate homes in Los Feliz are often older, sometimes much older, and pricing that ignores deferred work only sits.
In probate, a court-appointed probate referee also values the home, often from the outside. When the referee's number and the home's real condition are far apart, we give the attorney interior photos and repair estimates to pass along, so the court sees the whole picture.
Step 6
Market the home, and update everyone after every showing
Once there is authority to sell, the work starts the same day. The home is photographed, the listing goes out, and showings begin.
After every single showing and open house, the personal representative or trustee gets a real, specific update: who came, what they said, and what it means. With your permission we send the same update to the attorney, so no one is waiting on a phone call to find out what is happening. When heirs live out of state, the updates keep everyone equally informed, wherever they are.
Step 7
Accept an offer, then the notice or the court step
In a trust sale, the trustee accepts the offer and escrow runs much like any other sale.
In probate with full authority, the attorney sends the heirs and beneficiaries a Notice of Proposed Action describing the sale. They have at least 15 days to object. If no one does, escrow can close. If someone objects, the sale goes to the court for a decision. If everyone entitled to the notice signs a waiver, it can close sooner.
In probate with limited authority, the sale goes before a judge. The price has to be at least 90% of the referee's appraisal from within the past year, a notice of sale is usually published, and at the confirmation hearing other buyers can bid more. The judge confirms the sale to the highest bidder. We prepare the buyer's agent and the buyer for this so no one is surprised in the courtroom.
Step 8
Close escrow, then the estate finishes
Escrow closes once title has what it needs: the trust documents for a trust sale, or for probate the certified Letters with either the Notice of Proposed Action or the court's order confirming the sale.
In a probate, closing the sale does not close the estate. The money from the sale goes into the estate's account, creditors have their window to file claims, and the heirs usually receive their shares after the court approves distribution. Your attorney guides that last part. We stay a phone call away for any question about the house.
This site provides general real estate information, not legal advice. Consult a California attorney about your situation. Every estate is different, and your attorney decides the legal path. This page describes how Rooster Homes handles the real estate side.