What type of Probate is the right type to look for???

[Joshua Carvalho]

So I went to my local courthouse today in Orange County, CA. I searched through tons of their probate files, but I had great difficulty finding the property address and mailing address of the executor of the estate. Let me explain.

So there are tons of types of Probate right? Which types are specifically having to do with a home?

First I looked through Probates that "Determine Succession to Real Property"

In these, I easily found the info I needed, but all the properties were under 150k in value, which in California means they were all small Land properties.

Then I looked at Probates for "Guardianship of Property", but this had to do with an adult overseeing a property where the executor was a child (in one case, they were 1 year-old). So, in this case, the Grandma was put as guardian of the property until the child was of age to take ownership of the property as the executor.

Then I looked at probates for "Steward of the Property" (I think that's what it was called). However, in this case the executor was incapable of acquiring the home, so someone else was assigned as the steward temporarily until that person dies or is able to attain the property. In this case, one executor had a life in prison sentence and in the other the executor was an Alzheimer's patient in a nursing home. Both could not attend to the property so someone else oversaw it temporarily. However, I don't think they have the right to sell it.

Then I looked at Probates that were "Trusts". These all had 20-30 page documents that were extremely difficult to find the info I needed. Also, these included all the personal property, money, etc of the decedent. Sometimes it included property and sometimes it didn't. But sometimes it did not have the mailing address of the executor.

Lastly, nearly all the properties I found had at least 2 executors, many times 4 or 5. In that case, do you just mail one person and hope they all decide to sell? Or do you just not mail those cases?

None of the other Probate titles seemed to be about property. So which one is the right one to look through?

[Rick H.]

@Joshua Carvalho So you managed to find the keys to the airplane, start the engine and now its began to roll forward. Good time to get some training.

If you wish to focus on off market probates, try pulling only (10) files your first-or next- trip to courthouse. 

In CA, the initial document filed is the Petition for Probate. An attachment is also filed which list the names and addresses of the PR and those persons entitled to notice; mostly heirs or beneficiaries under a will, if any. 

Reviewing one of these documents in detail will reveal much about the file, including if a will is attached, etc. If a will filed, you'll need to read it to determine what assets are distributed to whom. For example, if the will states that the decedent's home is to go to the    United Methodust Church in Fullerton, you must decide if you wish to contact the charity to buy the house once distributed.

Most property will be be sold or distributed. Many properties will be listed and retailed. Some will be fought over and some will be distress situation, but most will be neither of these.