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You are here: Home / Administrators / California Probate Sale Overbid Process | Santa Clara County

California Probate Sale Overbid Process | Santa Clara County

March 3, 2022 By Kathleen Daniels

Page Contents

  • What is a Santa Clara County Public Administrator? 
  • How does the probate court determine the amount of the overbid?
    • Probate Sale Minimum Bid
    • The Santa Clara County Court Overbid Hearing 

Many people are confused about the California Probate Sale Overbid Process and how to buy a probate home in Santa Clara County that is subject to overbid and court confirmation. 

Probate Home Sales in Santa Clara CountyWe generally do not represent buyers on purchasing a probate home. Our mission and focus are on listing homes sold by estate representatives of probate and trust estates.

We appreciate our client’s loyalty. When a client reaches out to us for help, we step up and help no matter what. We will represent a past client on the purchase of a probate home. One of our loyal clients contacted us indicating they wanted to overbid a probate home.

We requested the necessary documents and information needed from the listing agent so that we could fill our client’s request to represent them in the overbid. 

Background:  The home was being sold by the Santa Clara County Public Administrator.

What is a Santa Clara County Public Administrator? 

Public Administrator is an Attorney Who Manages an Estate Serving in a fiduciary capacity, the Public Administrator of Santa Clara County manages the estate of someone who has died and there is no one able or willing to manage the affairs of the estate. They are appointed by the Santa Clara County Superior Court to act on behalf of an estate as administrator (someone who died without a Will), an executor (someone who died with a Will), or successor trustee (a person who died with a trust). The Probate Code of the State of California mandates Public Administrator powers.

Probate Home Listing is Assigned to a Listing AgentThe public administrator’s office assigns the listing to one of their approved listing agents who must follow the guidelines and instructions they are provided.  Those detailed instructions are then provided in the private remarks of the Multiple Listing Service (“MLS”).  Private remarks are only seen by licensed real estate agents with access to the MLS. 

When the seller accepts an offer on a probate home subject to court confirmation and overbid, the listing agent then updates the MLS to provide details on the court confirmation hearing date. Thereafter, when other agents ask for the disclosures, as we did, it is reasonable to presume there will be overbidders.

The home our client wanted to overbid on was in Sunnyvale which is perceived by many to be a highly desirable place to live.  We recently published a post about a probate home in Sunnyvale selling $645K above the list price.  That home was not subject to overbidding.

We believe there is a myth about getting screaming hot deals when buying a probate home. In November 2021 a Cupertino home in probate sold for over $3 Million.

We frequently get calls not only from investors but from people just wanting to buy a probate home.  We know what investors want.  They want off-market opportunities.  Investors have cash and are willing to accept “as is” with no contingencies. However, typically, a non-investor buyer believes they can get a good deal. Often times they do not understand that financing may be an issue. 

How does the probate court determine the amount of the overbid?

California Probate Code Sets for Overbid FormulaThe California Probate Code sets forth the formula to determine the minimum first overbid.

The sale price published in the MLS of the Sunnyvale home subject to overbidding was $1,806,000.

The sale price of the accepted offer is what is used in the calculations.

The minimum overbid amount was $1,896,800.  We discuss the formula for overbids in our posts on Submitting offers.

Probate Sale Minimum Bid

How Minimum Overbid on a Probate Home is Calculated We illustrate the formula for this particular sale here.

The overbid must be the amount of the original bid of $1,806,000 … plus

A minimum of 10 percent of the first $10,000 of the original bid, which is $1,000 … plus

A minimum of 5 percent of the amount of the original bid in excess of $10,000.

 


 

The Santa Clara County Court Overbid Hearing 

Santa Clara County Superior Court Probate DivisionThe judge asked the attorney how the attorney would like to conduct – overbid or auction.
After reviewing all of the disclosures and information on the home, our client wanted to overbid.

Due to a spike in COVID cases, the court had determined there would be no bidding in the courtroom. The hearing and the overbidding took place remotely via Microsoft Teams.

We logged in to Microsoft Teams on the date of the hearing to confirm the sale of the home.

The process works the same remotely via MS Teams as it does in court. The bailiff called the court in session as the Judge entered the room and took their seat.

The calendar was called one by one. As each case was called the attorney(s) appeared on behalf of their client(s).  When the case for the confirmation of the sale was called, the attorney for the estate advised the judge that they were expecting several overbids.  For that reason, given the time involved in the overbid process, the judge said they will call the case last on the 9:00 am calendar.

The attorney responded:  Overbids, I am expecting them.

The buyer’s agent and the buyer were in the Microsoft Teams meeting, and we were logged in to the meeting.  The judge took a 15-minute break. During the break, the attorney for the estate asked if there were any overbidders.  No one spoke up to confirm an overbid.

Sending and Checking EmailMeanwhile, our client had not yet logged in.  We were emailing and texting our client for status.  Eventually, moments before the judge reentered the courtroom, our client texted back that they changed their mind. Given that we had already spent over an hour inside the virtual courtroom, we decided to stay to see if anyone did overbid. 

After the break, the judge called the case. The procedure is for the attorney to state their name indicating they are the attorney for the public administrator and petitioner for the party, and state the name of the buyer with the accepted offer. The attorney also informed the judge there are no overbidders.

The terms of the purchase were read by the attorney:  This is the petition to confirm the sale of property in the matter of the estate of [name intentionally left blank].  The subject property address is [address intentionally left blank, Sunnyvale, CA 94086.]  The sale will be “as-is” with no contingencies. Terms of the sale are as published. 10% deposit at the sale price of $1,806,000.

The attorney again asked, are there any overbidders that wish to overbid. No response.

Confirmation of Probate Home SoldThe judge asked, any overbidders? No response.

The judge said, going once, twice, sold. The sale is confirmed.

There were some administrative issues discussed between the attorney and the judge after the sale was confirmed.

If there had been an overbid the court sets the minimum amount of increase and continues to accept bids until the highest bid is made. 

 


Certified Probate Realtor

Probate Realtor Kathleen Daniels LogoThe following day, as a professional courtesy, which is always the right thing, we emailed the listing agent to inform them that our client sent us a text message shortly before the attorney returned to the courtroom advising that they changed their mind. We thanked the agent for their time and for the opportunity.

We consulted with our clients to understand why they changed their minds.  They knew what was expected going in when they decided they wanted to overbid.  For privacy reasons, we will not share why the change of mind. However, it was for a good reason regarding a personal family matter. 

While we understand the California Probate Sale Overbid Process and how to buy a probate home in Santa Clara County that is subject to overbid, we work exclusively with sellers and our past clients. However, should someone decide they would like to overbid on a home, we can refer them to a probate agent to represent them. 

 

 

Filed Under: Administrators, Estate Representative, Executors, News, Probate, Public Administrator, Santa Clara County Probate, Selling a Probate Home Tagged With: buying a house in probate, Certified Probate Realtor, Kathleen Daniels, overbid process, probate homes, probate overbid, Public Administrator, santa clara county probate, selling a probate home

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Specialized Probate Team

Our team speaks the language of probate.

We understand the rules of engagement with the Probate Court and collaborate with the probate attorneys to ensure a smooth transaction.

We offer full service and manage all the details and meet your specific needs pertaining to the sale of the estate, conservatorship or trust’s real property.

Many of our clients live outside of the County of Santa Clara and the State of California. It is not uncommon that we never meet face to face.

Real Estate Broker | REALTOR®

Kathleen Daniels is a licensed California Real Estate Broker certified in probate and trust sales. Her core belief and business religion is that every client deserves to be treated with 100% honesty and transparency.

She has managed a successful real estate business since January 2003.  Clients know Kathleen to speak from her heart and act from her head.

As an Independent Broker, Kathleen has no loyalty to a brokerage. Kathleen is the sole decision-maker for Need Probate Help. She owns the independent power to do things for her clients she got prevented from doing when affiliated with a big box brokerage.

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