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Losing a loved one is never easy, and dealing with their estate can feel overwhelming. In California, probate is often required before an inherited home can be transferred or sold. At Black Diamond Real Estate, we guide families through this process with compassion and expertise, making sure every step is handled correctly.
What Is Probate?
Probate is the legal process that ensures a deceased person’s assets including real estate are distributed according to their will or, if there’s no will, according to California law. It also makes sure debts and taxes are paid before heirs receive their share.
Step-by-Step Probate Process in California
Step 1: Filing the Petition
The process begins when the executor named in the will or another interested party files a petition with the probate court. This officially starts the case and schedules a hearing.
Step 2: Appointing the Executor or Administrator
If there’s a will, the court confirms the named executor. If there isn’t one, the court appoints an administrator. This person is responsible for managing the estate, including the home.
Step 3: Inventory and Appraisal of Assets
All property must be inventoried and valued. A probate referee (appointed by the court) often determines the fair market value of the home and other assets.
Step 4: Notifying Creditors and Paying Debts
The executor must notify creditors and settle any valid debts, mortgages, or taxes. These expenses must be handled before property can be transferred or sold.
Step 5: Managing or Selling the Property
If the estate includes real estate, the executor decides sometimes with court approval whether to sell, rent, or transfer it to heirs. Probate sales require specific steps, including notice to heirs and, in some cases, court confirmation.
Step 6: Distributing Remaining Assets
Once debts are paid and any sales are completed, the remaining assets are distributed to heirs according to the will or California’s intestate succession laws.
Step 7: Closing the Estate
The executor submits a final report to the court, and once approved, the estate is officially closed.
Why Probate Can Feel Complicated
How Black Diamond Real Estate Helps Families in Probate
As a full-service real estate brokerage and property management company, we provide:
Final Thoughts
Understanding the probate process is the first step to making informed decisions about an inherited home. While the legal system can feel overwhelming, you don’t have to go through it alone. Black Diamond Real Estate is here to help you navigate probate with clarity, confidence, and care.
Felix Stuckey
Associate Broker
Black Diamond Real Estate
DRE# 01176086
