Probate property contract

[Ryan Hobbs]

Can I use a standard purchase agreement on a probate property, where the administrator has full authority, no bond,in California?

[JP M.]

I am not yet an attorney, (although I am attending law school), but I am buying probate properties in the five western states. My suggestion below are not to be construed as legal advice, only general suggestions based upon my own experiences buying probate properties over the past 10 years.

Regardless of the agreement you use, or the level of authority of the administrator, to transfer title of a probate real estate property in California REQUIRES the approval of the presiding judge and an appropriate court order. In my personal opinion, this is the last place you want to try a do-it-yourself purchase agreement. There are many clauses you may want in your contract to protect yourself against outstanding liens and creditors, unnamed beneficiaries, etc. I also include an escape clause in my personal agreements so my earnest money is 100% REFUNDABLE if the court denies my initial offering price. 

If you are seeking to keep your legal fees to a minimum, I suggest you research the various pre-paid legal services plans available. Personally, I use Legal Shield because for my purposes it delivers the most bang for the buck. But there are many other offerings, and another plan may suit your needs better. If you research legal plans online, you will find opinions both pro and con. Nolo Press seems to be against them, perhaps because they sell self-help information, I don't know. 

However, the American Bar Association encourages their use, and according to the Oregon Bar Association, "Prepaid legal plans have been endorsed by the National Association of Attorneys General (NAAG), a savvy group with no interest other than equal justice for all. Legal plans dramatically increase access to justice, because they dramatically improve the cost-benefit ratio."

I am a member of the American Bar Association and found you a link you may find informative: (You do not have to be a member to access it).

https://www.americanbar.org/groups/group_prepaid_l...

Also, check out the American Prepaid Legal Services Institute.  http://www.aplsi.org/

I am not yet an attorney, and have no vested interest in providing you these links other than sharing hopefully helpful direction in your search for information.