Another Probate Question

[Arcinio Arauz]

I want to purchase a house and found the owners are deceased. The daughter has a "hand written will" according to what she told me. I told her that I believe she would need to petition for probate in order to sell the property to me.
So my questions:

1. I assume the will won't work, hence a petition is a must.

2. Can she still go through the probate process even though parents died over a year ago?

3. If she files the petition, can she state that all she wants is power to sell to the house? This is only because her brothers already emptied the bank accounts and she is afraid that the brothers may think she'll come after the dough. She doesn't care about anything other than the right to sell the home.

4. Will the probate process have any pull on the NOD issued from the bank.
The NOD was issued a month ago so I think we may still have time.

5. Last Q... can I buy from her while it's in probate? Will the note be paid off at this point and end buyer get a deed?

Thanks

[Account Closed]

Rick Harmon C'mon Harmon. Spill the beans. Where does one get this proper, probate-specific real estate investing training?

In addition to getting proper training (whatever that is) at least read about and understand how probate works in CA. What it is, what it's for, how it works, how long it takes. Read the free info on the CA state court site and the local superior court site. They both have probate info for consumers (that I find pretty well-written and helpful for lay people). Spend an hour with an estate lawyer, and ask questions about this specific deal. Even if you don't do this deal because the numbers don't work and/or there are too many players to align, you'll learn a ton.