When a loved one passes away, their estate (the assets they leave behind) must be managed, distributed, and legally settled. This process is called probate. While it’s a common legal process, many families find it confusing and overwhelming—especially when real estate is involved.
The Definition of Probate
Probate is the court-supervised process of administering a deceased person’s estate. Its purpose is to:
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Validate the deceased’s will (if one exists).
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Identify and inventory the person’s assets.
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Pay outstanding debts, taxes, and expenses.
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Distribute remaining assets to the rightful heirs or beneficiaries.
If there is no will, the court will appoint an administrator to oversee the process, and the estate will be distributed according to state law.
How Long Does Probate Take?
Probate can take anywhere from a few months to over a year, depending on:
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The size and complexity of the estate.
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Whether there is a valid will.
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Any disputes among heirs or beneficiaries.
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The need to sell assets, such as real estate.
Why Probate Often Involves Real Estate
Real estate is often the largest asset in an estate. In many cases, the home must be sold to settle debts, distribute funds to heirs, or because no one in the family plans to live in it. Selling a home in probate involves additional steps, including court approval, disclosures, and specific timelines that must be followed to protect the estate and its beneficiaries.
Who Manages Probate?
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Executor – If the deceased left a will, they likely named an executor to carry out their wishes.
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Administrator – If there is no will, the court appoints an administrator to handle the estate.
Both roles carry serious responsibilities, including managing property, finances, and legal paperwork.
How a Probate Real Estate Specialist Can Help
Because probate can be complex and stressful, many families turn to professionals for guidance. A Certified Probate & Trust Specialist can:
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Help executors/administrators understand their duties.
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Provide options for selling estate property (as-is or improved).
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Manage property preparation through trusted contractors, clean-out crews, and other vendors.
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Ensure compliance with probate court requirements.
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Coordinate with attorneys, CPAs, and financial planners.
Final Thoughts
Probate is a legal process designed to ensure that a loved one’s estate is handled properly—but it can be complicated without the right support. If you’ve been named executor or administrator, or if you’re facing the sale of a probate property in Sonoma County, working with a real estate professional who specializes in probate can make the process smoother, less stressful, and more successful.
