Probate Sales Explained: What California Homebuyers and Home Sellers Need to Know | Real Estate Attorney Interview
Feb 01, 2026Understanding probate property sales in California can save homebuyers and home sellers thousands of dollars and months of delays. In this evergreen interview from the Kapowich Vault, California real estate broker Pat Kapowich sits down with Real Estate Attorney Shawn Parr from Parr Law Group to explain exactly how probate sales work, when they're required, and most importantly—how to avoid them.
What You'll Learn:
- What triggers a probate sale in California real estate
- Why wills don't avoid probate (common misconception debunked)
- Living trusts vs probate: time and cost comparison
- How long probate sales actually take (45-180+ days)
- Court approval process and overbidding procedures
- Tax consequences of avoiding probate the wrong way
- Red flags for real estate agents representing probate properties
- Step-by-step process from listing to closing
Key Topics Covered: ✓ Probate vs trust administration [00:00:21] ✓ When you need a probate attorney [00:04:09] ✓ Multiple property owners and co-signers [00:06:21] ✓ Probate fees and costs explained [00:16:03] ✓ Living trust benefits [00:11:10] ✓ Joint tenancy strategies [00:14:48] ✓ Court overbidding process [00:21:33] ✓ How to avoid probate legally [00:25:58]
More Resources:
🎙️ Housing Market Savvy Podcast https://www.youtube.com/watch?v=nQHzlCOn07I&list=PLCT0wjKD2DOqM4LDSZ4p-U-1g0E3o_3yq
📺 Kapowich Real Estate Market Intelligence Channel [ https://youtu.be/i9N77gF4ImQ?si=Du-fDiAr8TWrTykw ]
📞 NEED HELP WITH A PROBATE SALE OR ESTATE PLANNING?
Contact Shawn Parr for Legal Consultation: Real Estate Attorney | Parr Law Group Phone: 1-408-267-4500 Email: [email protected] Address: 1625 The Alameda, Suite 900, San Jose, CA 95126
Contact Pat Kapowich for Real Estate Consultation: California Real Estate Broker (DRE #00979413) Specializing in Silicon Valley & San Francisco Bay Area Website: PatKapowich.com 📧 Schedule a consultation through the website
- LEGAL DISCLAIMER: This video is for educational purposes only and does not constitute legal advice. Probate laws vary by jurisdiction and individual circumstances. Always consult with a licensed probate attorney in your county before making decisions about estate planning or probate sales. Pat Kapowich is a California real estate broker (DRE #00979413) and does not practice law. Information presented was accurate as of the original recording date but laws and procedures may have changed.
- PRODUCTION CREDITS: This program was originally produced and broadcast by CreaTV. Production funded by Pat Kapowich. We extend our sincere thanks to CreaTV for their professional production services and commitment to delivering quality consumer education programming to the community.
More Resources:
🌐 Silicon Valley Market Data & Analysis https://www.siliconvalleybroker.com/market
📝 Real Estate Protection Blog https://www.siliconvalleybroker.com/blog
