Estate Sales

Is Estate Property Ever Sold?

Answer: If an estate is insolvent or has insufficient cash assets to pay creditors, taxes, and fees, property will have to be sold to pay these obligations. If an estate is solvent and has sufficient cash, heirs may be given the opportunity to select estate assets that they want to receive in place of cash. If real property is vacant it usually is sold as soon as possible. However, if an heir wishes to receive real property as part of his/her distribution, he/she should make such wishes known and reach an agreement with the Public Administrator as soon as possible.

How does the Public Administrator sell the estate?

Answer: The Public Administrator sells real estate property by listing it with a licensed Real Estate Broker after publishing legal notices. Real property is always sold "as is" with no guarantee as to condition.

The Public Administrator also holds personal property sales to sell furnishings, household goods, vehicles, and other personal property. Sales are advertised in the newspapers and sale brochures are available to individuals who attend the auctions.

Can anyone buy real estate property?

Answer: Yes, however, the listing broker is the exclusive agent for the Public Administrator. Potential buyers would submit an offer to purchase through a different real estate broker or directly to the listing broker.

Can the Public Administrator and Public Administrator's staff buy estate property?

Answer: No, California state law prohibits the Public Administrator and Public Administrator's staff from purchasing estate property.

Who can make a claim against the estate?

Answer: Anyone who was owed money by the decedent at the time of death must file a Creditor's Claim with the Court against the estate in order to receive payment from the estate. The Public Administrator, as personal representative, notifies all known creditors that they must file a claim within the statutory period.

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