Buying From A Dead Person: CA Affidavit for Real Prop., DE-305

[Duke George Brady]

Hello!

I've been searching around...tough to find direct answers on this one. Hoping for someone with past experience...

About to close my first deal, and I'll be buying vacant land from a person who inherited two parcels from their father. One went in their name, and I'm closing on that one. The adjacent, larger lot, somehow didn't get transferred to her name, yet she has a Will stating her as the heir (all appropriate docs submitted to county, supposedly). 

I'd like to get this other, more valuable lot as well, so I'm attempting to help her gain the power to sell it.  I've found there are "Simplified" Probate procedures (http://www.scscourt.org/self_help/probate/property/probate_simplified.shtml#z4), and the section/form "Affidavit Re: Real Property of Small Value ($20,000 or Less)" seems like the right choice. 

Fill form, provide death cert, Will, request valuation from County Referee, notarize, and wait. Right?

Main question is, will this then provide the seller with a deed with her name, or simply the power to sell?  In the latter case, would the next step be to file for a Letter of Administration?  Maybe it is "Simplified" and I'm reading into it too much. 

Thanks a ton, you brilliant equity experts!  Equitexperts!

[Rick H.]

@Duke George Brady Too bad I didn't see you post earlier today because I'm out at my ranch in De Luz (Fallbrook).

Here's the answer the answer you wanted (but obviously did not get): 

You need to know the record owner's DOD (date of death) and determine the gross DOD value of all assets. If they total less than the DOD threshold as of law at that time, you may be able to sneak it in as a formal probate. 

Otherwise, if over the $150,000 combined value, (per probate court referee), you'll need to file a formal probate. 

If that happens, don't let the heir (actually beneficiary under will, if valid) then  be convinced to open probate with limited authority. Insist on Full IAEA Authority so court confirmation can be avoided. Otherwise, your offer will be subject to competitive overbidding by others. 

I've spoken at all the San Diego County Bar Association Probate Sections at least once I'll PM you with a probate attorney I like in Oceanside