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Pasadena, CA  91101
Phone: (626) 578 - 0708
Fax: (626) 578 - 0244


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Bid for the Purchase of Real Property in Probate

The power to sell assets is derived from:
(a) The Will         
(b) Probate Code §§10000, 10252, 10303, 21400.

 

 

Sales of Real Property while in Probate requires detailed knowledge of both local practice and statutory provisions. 

 

Testamentary power of sale requires only that the representative report sales of real and personal property to the Court for confirmation under Probate Code §§10000(c), (d), 10260 and 10308.

 

BID FOR THE PURCHASE OF REAL PROPERTY
(Probate)



To__________________________As__________________________ of
Estate of____________________________________Deceased

The undersigned hereby offers $_________for the purchase of
the property generally known as_________________________and
described as:______________________________________________
______________________(description)________________________
on the following terms:
$____________________deposit_________________________
________________(terms for paying balance)___________
Rents, taxes, insurance expenses of operation and
maintenance to be prorated as of close of escrow;
seller to furnish title policy.

Enclosed is cashier's check #________ on (location)
Branch of_______________(bank) for $____________________
representing 10% of my offer as a deposit.

I understand this bid, if accepted, is subject to
confirmation by the Superior Court.

(This offer is contingent on your accepting it by (date)
and obtaining the earliest possible date for the court
hearing. If you do not accept this offer on or before said
date, you are instructed to return the deposit immediately
thereafter) Deposit is to be returned in event sale is not
confirmed by court.

Upon confirmation of sale, title shall be conveyed by grant
deed (or warranty deed) to (names of parties) (description
of manner in which title will be held)

(This offer is subject to a real estate commission of __%
to be paid by the estate to (name of broker), address
, License # )

DATED:___________________(Signature)____________________
Address_______________________ Phone____________________

ACCEPTANCE

Receipt is acknowledged of $ as a deposit. I accept
said offer subject to confirmation by the court, and will
file a return of sale and immediately notify you of the
date of hearing.

DATED____________________ __________________________
As executor (administrator)
Of Estate of Deceased

PRINTER FRIENDLY VERSION

 

The Complete Probate Code is available HERE

 


Sales of estate property are an exercise of a representative's fiduciary powers. 

 

Notice of Sale is required under Probate Code §§10003, 10250-10264, 10300-10316, 1230 and 1250.

 

 

If statutory power, then statutory reason for sale required under Probate Code §§10000(a), (b), 10260 and 10308.

 

 

 

 

 

  ESTATE PLANNING
  PROBATE
  BUSINESS INCORPORATION
  CORPORATE TRANSACTIONS
  REAL ESTATE TRANSACTIONS


OVER 25 YEARS EXPERIENCE

LOCATED IN PASADENA, CA

 

 

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