What Is a Probate Without Court Confirmation?

Probate sales don't have to go through court.

When someone dies, probate is the legal process for disposing of their estate. When the estate enters probate, the court has to confirm any real-estate sales, which will prolong the time before the estate is settled. There are alternatives, however.

Probate Sales With Court Approval

Sales from an estate can take time.

If a probate attorney or executor puts a house from the estate up for sale, he will conduct the sale as normal until he accepts an offer. Once the financing and title are clear, he has to present it to the court for approval.

Court Confirmation

State laws spell out what courts require before confirming a sale. Requirements could include advertising the sale to alert the estate's creditors, putting a deposit down before the confirmation hearing, and that the offer comes close to the appraised value of the home.

California Law

Some states, such as California, allow an executor or personal representative to sell property without court confirmation. Other states don't require court confirmation, or allow exemptions depending on such factors as the price of the property.

Limitations

If the heirs or creditors object to the sale, it will have to be submitted for court confirmation.

Alternatives to Probate

To avoid putting property through probate, owners can look at a variety of estate planning solutions, such as trusts or joint tenancy.

References

• Bob Blumberg: Probate
• Active Rain: Buying probate property