Probate & Trust Sales

Heyler Realty Co-Owner Jae Wu is uniquely qualified to help you navigate the Probate and Trust process as a Certified Probate Real Estate Specialist (CPRES), Seniors Real Estate Specialist® (SRES®), and Certified Negotiations Specialist. For decades, Jae and her partner Sean McMillan have earned the trust of thousands of clients in their referral-based business. Their experience and connections mean they can connect you with the best attorneys, contractors, loan officers - frankly, anyone you will need to sell the property you've inherited or a property in which you've become the trustee.

Probate is a legal process that occurs after an individual has passed away, which involves the authentication of their last will and testament, assuming one exists. The primary objective of probate is to ensure that the decedent's assets are distributed according to their wishes as set forth in their will, or, if no will exists, in accordance with the laws of intestacy - dying without a will - which vary by state.

Probate matters significantly for several key reasons. Primarily, it serves as the legal framework within which the decedent's intentions for the distribution of their estate are honored and validated. Probate offers a systematic approach for the administration of an estate, ensuring a transparent and fair distribution of assets to beneficiaries as outlined in the will.

When a person dies without a will, they are said to have died "intestate." In such cases, the distribution of the deceased's assets will not follow the guidelines of a will, since none exists, but will instead be distributed according to the intestacy laws of the state or country where the decedent resided or where the property is located.

Each state or country has specific intestacy laws that dictate exactly how an estate should be divided among the surviving relatives. It's important to consult with a legal expert or attorney who understands local laws to guide you through the process, to ensure that the estate is administered correctly, and to help determine the lawful heirs and what they are entitled to receive.

A trust is a legal arrangement in which one party, known as the trustor or settlor, transfers property to a second party, known as the trustee, to manage the asset for the benefit of a third party, the beneficiary. Trusts are commonly used for estate planning to control and protect property, ensure privacy, avoid probate, and, in some cases, reduce tax burdens. When involving real estate, such as a house, the trust document explicitly outlines how the asset is to be handled.

A trustee is an individual or an entity responsible for managing a property that is held in a trust. The role of a trustee in a property sale is typically defined by the terms of the trust agreement and by state law. It's important for the trustee to consult with legal and real estate professionals to comply with their fiduciary duties and handle the transaction appropriately. Trustees are held to a high standard of care, and failure to perform their duties properly can result in legal consequences.

The summary of the probate process is provided for informational purposes only, and should not be relied upon or considered advice on any matters of law. If you have questions regarding trusts, estates and probate please consult with a qualified California attorney.