When you can skip probate entirely
The house was titled in a revocable living trust. The successor trustee can sell directly. Or it was held in joint tenancy with right of survivorship — the survivor records an affidavit of survivorship and sells in their own name. Or a TOD deed was filed before death — the beneficiary records an affidavit of death and sells.
Small-estate affidavit
A handful of states (including California for estates under ~$184,500 of real estate) allow heirs to transfer real estate via affidavit instead of probate. Forms are state-specific; some require a hearing.
What if none of the above applies?
Probate is required. The good news: many investors (including us) will sign a contract before letters testamentary issue, with closing contingent on probate progressing far enough. This locks in price and timing while paperwork moves through court.
Frequently asked questions
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