Have you ever wondered why selling real estate in a California probate case can feel like navigating a labyrinth?

On this episode of Probate Notes, Sam, your host and certified specialist in estate planning, trust, and probate law, is here to guide you through the maze. Most often, it is real estate that puts an estate in probate. This episode unravels the often intricate process of selling real estate within a probate case, from appointing a personal representative to closing escrow. He discusses when a probate attorney is necessary, particularly in situations involving joint tenancy or community property with the right of survivorship, and explores the circumstances under which probate is essential for individual owners or tenants in common. Whether you're an attorney, fiduciary, paralegal, or real estate agent, Sam equips you with essential insights and tips to effectively manage probate real estate transactions in California.

Join us as Sam dissects the probate real estate sales process, spotlighting every critical step a personal representative must take upon receiving a purchase agreement. He clarifies the essential Notice of Proposed Action and the instances that require court confirmation, such as obstructions or limited authority. Dive into the nitty-gritty of drafting petitions, conducting court hearings to confirm a sale, and meeting the mandatory condition of selling properties for no less than 90% of their appraised value. We don't stop there; you'll also gain knowledge about the court-ordered auction process and how to secure successful bids.

With practical tools and strategic advice, this episode promises a structured and efficient journey through probate real estate sales, ensuring you avoid common pitfalls and maintain seamless communication with brokers and title companies.

In this episode, you will hear:

• Expert guidance from Sam Price on navigating California probate real estate sales
• Essential steps from appointing a personal representative to closing escrow
• Importance of probate attorney involvement in joint tenancy and community property scenarios
• Detailed exploration of the Notice of Proposed Action and court confirmation processes
• Tips for ensuring properties sell for at least 90% of their appraised value for court confirmation
• Communication strategies with brokers and title companies to avoid common pitfalls
• Understanding the probate bond and authority types (full vs. limited) in probate transactions

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Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

What happens when someone passes away and has to go through probate?

On this episode of Probate Notes, join Sam as he unpacks this question and more. In this episode, Sam introduces you to his proprietary six-stage probate process, crafted especially for professionals navigating the California probate system. With a focus on John Doe's intestate estate, Sam guides you through the essential steps, including gathering documents and filing petitions. He aims to equip you with the confidence to tackle probate cases without stumbling over common pitfalls.

Ever wondered how estate assets are appraised and distributed? Dive into the nitty-gritty of asset management, from the role of a probate referee to transferring funds into an estate account. Sam covers strategies for dealing with vehicles and personal property, ensuring equitable distribution among heirs. Plus, he shares insights on distributing real estate, whether through joint ownership or alternative methods. You'll be well-prepared to handle estate assets fairly and efficiently by the end of this segment.

The journey doesn't end with liquidating assets to cash and paying the creditors. It continues through the winding down of the estate. Sam covers the crucial post-administration stages—finalizing accounts, managing creditor claims, and completing tax returns. The probate process is as much about fulfilling fiduciary duties as it is about meticulous preparation. Tune in for a comprehensive roadmap to successfully settle an estate, helping you avoid common errors and serve your clients with the utmost precision.

In this episode, you will hear:

• Introduction to Sam Price's proprietary six-stage probate process
• Step-by-step guidance on starting a probate case, using John Doe's intestate estate as an example
• Exploration of asset appraisal and distribution, including the role of the probate referee
• Strategies for handling and selling real estate during probate, along with creditor claims management
• Importance of accurate documentation and fiduciary duties in winding down an estate
• Final stages of probate: preparing accounting, petitioning for final order, and asset distribution
• Managing probate with confidence through a structured approach

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We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

In this inaugural episode of Probate Notes, host Sam Price, a certified specialist in estate planning, trust, and probate law, takes listeners on a personal and professional journey.

The challenges Sam’s family faced after his father's untimely death without an estate plan inspired him. Sam shares how those experiences profoundly impacted his career path. He reveals pivotal moments that led him to specialize in probate work, from his early days feeling disconnected in the corporate world at KPMG to finding fulfillment in helping clients in probate law.

You will learn about Sam's transition from international tax consulting to building a successful real estate business during the 2008 crisis, where he played a key role in providing housing for the homeless. This episode also highlights the growth of Sam's probate law practice, emphasizing how he blends legal expertise with compassionate client service, which defines his approach.

Through personal anecdotes and professional insights, Sam highlights the importance of estate planning and its vital role in safeguarding families' futures. Whether you're navigating the complexities of probate or seeking practical strategies for estate planning, this episode offers lessons and inspiration for both legal professionals and individuals alike. Join Sam and his special guests as they simplify the probate process and share real-world solutions, helping you approach probate with clarity and confidence.

In this episode, you will hear:

• Sam’s personal journey through probate and estate planning after his father's passing
• Transition from international tax consulting to real estate and then to probate law
• Experience in securing housing for the homeless during the 2008 real estate crisis
• Building and growing a probate law practice from a solo endeavor
• Balancing professional growth with family life and community involvement
• Insights into California probate law and estate planning strategies
• Role in legal education and community through bar associations and coaching

Follow and Review:

We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

Welcome to Probate Notes, your go-to podcast for navigating the complexities of California probate law. Hosted by R. Sam Price, a seasoned probate attorney, Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Legal Specialization, and author of The 6-Stage Probate Process, this podcast breaks down probate practice with expert insights, practical strategies, and real-world solutions for attorneys, paralegals, fiduciaries, and professionals in the probate industry.

Each episode dives into key topics, from foundational probate concepts to advanced litigation strategies, helping you master the nuances of probate practice. Whether it's fixing court examiner deficiencies, tackling probate litigation, or staying ahead of legislative updates, you'll get actionable guidance to streamline your cases and elevate your expertise.

Expect guest interviews with top probate attorneys, fiduciaries, and legal experts, as well as a dedicated segment answering listener questions. Whether you’re a seasoned probate attorney or just starting in the field, Probate Notes will help you navigate probate with confidence, clarity, and efficiency.

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