probate

[Juan Bustos]

what steps do I take to get a house under contract while still on probate

[Rick H.]

All probate laws are local, that is, subject to statute in the state of the filing and decedent's primary residence. So, don't think that what is suggested in one state is necessarily applicable to another, even neighboring, state.  IAEA is CA, not Federal.

In order to purchase property during administration of an open probate, you need to determine the capacity, powers and authority of your seller, presumably the person in charge, various referred to as executor, administrator, personal representative or such fiduciary role that empowers them to transfer marketable title.

In CA, you look at two documents: The Order for Probate and the corresponding Letters of Administration (or Letters Testamentary, if Will admitted). You ought to care because, absent sufficient powers, court confirmation may be required which subjects your offer to overbid. This means that in a strong sellers market there's a high shot that others might snag your deal, unless you know how to make offers that still favor yours.

I suggest that to keep things simple, you make a one-page offer with lots of white space and simple terms. Seller should be named same as their legal capacity title. Know enough about private and title in the applicable state and I strongly urge you to get title insurance.