This is our September 2019 probate homes market activity report for Santa Clara County. The data consists of homes sold in probate and homes sold in trusts. There were no conservatorship sales in the month of September.
There is a legal process an executor and administrator must follow to administer an estate. The process includes how to sell a probate home.
This report is comprised of statistical data from September 1, 2019, through September 30, 2019, extracted from MLSListings “MLS” as of October 1, 2019.
The data includes single-family homes, condominiums, and townhouses and may not include “off-market” sales. On “off-market” sale is when the property is sold without listing on the Multiple Listing Service.
Probate Home Sales in Santa Clara County in September 2019
The breakdown of the sales activity is as follows:
- There were 9 homes for sale
- 8 single-family homes
- 1 condominium
- 7 homes sold in probate
- 2 homes sold in trust
- There were 5 pending sales (under contract)
- 4 single-family homes
- 1 condominium
- 4 homes in probate
- 1 home sold in trust
- There were 9 homes sold
- 8 single-family homes
- 1 townhouse
- 9 probate sales
DISCLAIMER: All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.
Highest Price Homes Sold
The highest price probate home sold was a single-family home located in Los Altos in the 94024 zip code. The home has 3 bedrooms, 2 bathrooms, approximately 1,243 square feet of living space on a 14,582 square-foot lot. The home is 64 years old.
The home listed on June 6, 2019. List price $2,298,000. After 15 days on the market, on June 21, 2019, the MLS reported pending status. This sale did require court approval and subject to the over-bid process. The hearing was held on August 2, 2019. On September 5, 2019, it was reported sold. The final sales price reported was $2,401,000 which is $103,000 above list price. It was a cash sale.
Lowest Price Home Sold
The lowest price home sold was a single-family home located in San Jose 95127. The 66-year-old home has 3 bedrooms, 1 bathroom, 1,024 square feet of living space on a 5,848 square foot lot.
It listed on June 2, 2019, at a list price of $499,950. On June 12, 2019, the status was reported as pending. On September 20, 2019, it was reported sold. The final sales price reported was $570,000 representing over $70,000 above the list price. The buyer had conventional financing and was represented by the listing agent.
Selling a home in Santa Clara County Probate Court
How to probate an estate in California? The process for an executor or administrator selling a probate home in Santa Clara County starts with the attorney filing California probate forms for a petition for probate. The process is administered by the Santa Clara County Superior Court, Probate Division.
At the petition for probate hearing, the petitioner asks for authority from the court to administer the estate. The authority granted by the court depends upon if the person died with a Will, or Intestate without a Will, and if Full Authority is granted under the Independent Administration of Estates Act or IAEA. There are reasons the probate judge may not grant full authority.
Having full authority to act does not mean that the process is easy or can be accomplished quickly. We are seeing an increasing number of tenant-occupied homes sold through probate and trusts. Tenants are often, but not always, family members who don’t want to move. In the video below, real estate attorney Leo B. Siegel discusses the eviction process for tenants that refuse to move.
Read the case study of the eviction process for sister living in an inherited house.
It could be several months after the personal representative gets appointed before they are able to list the probate home for sale. It could take months just to go through the belongings, remove everything and prepare the home for sale.
It could take even longer if a trial is necessary for eviction or if a sheriff eviction becomes necessary. We are experiencing an increasing number of situations where the occupants of the home refused to move, requiring a court trial and in many cases a sheriff eviction.
Successor Trustee Selling a Home in Trust
When a successor trustee sells a home held in trust we need to confirm the title to the real property is held in the trust. We also confirm the representative capacity of the person selling the home. Once we get all of the necessary documents we can execute a listing agreement and open escrow.
There are some seller disclosure exemptions when selling a home in a trust. We go over the process with our clients upfront to ensure they understand what is expected of them as well as all of the details we manage.
We were contacted months ago by the successor trustee of her mother’s trust. She knew her mother’s death was imminent. She also knew there were family members living in the home that had to be sold. More on this in another post.
My heart goes out to people when they lose a loved one. It is hard enough to mourn the loss of someone we love. Adding legal issues on top of that creates an X-Factor that cannot truly be measured. My heart wants to help in ways that extend beyond selling real estate.
People are grateful for our attorney resources. It helps people to know they have highly competent and trusted legal resources to take over so they can ultimately get their job done!
If you need legal help you may request Legal Help by submitting the form.
Probate Real Estate Services
We specialize in probate real estate services. That means selling homes in probate, conservatorship and in trust. We have helped many executors and successor trustees over the years sell homes.
We understand the challenges people face. Experience does make a difference. We believe a higher level of service is needed when representing an estate. We are about high tough versus high volume of sales. We know that we cannot provide the highest level of service we provide to our clients and also do a high volume of sales.
That is why we limit the number of clients we work with to ensure we can provide all clients with the highest level of representation. Working with out-of-state and out of area clients generally requires more of our time.
We track probate home sales in Santa Clara County because it is one way to keep our fingers on the pulse of the probate market.
When you need help, call Kathleen Daniels at 408-972-1822 or contact us and request a consultation.