003: Selling Real Estate In Probate
Probate Notes: Your Guide to Navigating California Probate Law
Release Date: 07/18/2025
030: Exempt Sellers and Real Estate Disclosures in California Probate with Teresa Gorman
Probate Notes: Your Guide to Navigating California Probate Law
Understanding real estate disclosures in probate sales can be deceptively complex, especially when exempt sellers are involved. In this episode of Probate Notes, host Sam Price sits down with Teresa Gorman to break down what fiduciaries, trustees, and personal representatives need to know when selling California probate property. Together, they unpack who qualifies as an exempt seller, what properties are covered, and which disclosures still matter despite statutory exemptions. Teresa brings a rare dual perspective as a former trust and estate attorney and current broker with Fiduciary Real...
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029: Working With Public Administrators in Probate Cases with Shane Duncombe
Probate Notes: Your Guide to Navigating California Probate Law
In this episode of Probate Notes, Sam Price explores how public administrators step in when probate cases become complicated or family members are unavailable. Attorney Shane Duncombe joins the conversation to share practical insights into when and why a public administrator gets appointed, how they investigate estates, and what attorneys should expect when working alongside them. Shane explains the public administrator’s role in contested estates, orders to show cause, missing heirs, fiduciary duties, statutory fees, bonding requirements, and how neutral third-party administration can help...
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028: Probate Asset Inventory Explained with Gabriela Fisk
Probate Notes: Your Guide to Navigating California Probate Law
In this episode of Probate Notes, Sam Price sits down with professional fiduciary Gabriela Fisk of IE Fids to unpack what really goes into documenting and managing personal property in probate and conservatorship cases. Drawing on her background in insurance and fiduciary work, Gabriela explains why thorough asset documentation is essential not just for compliance, but for risk management, transparency, and reducing conflict among beneficiaries. Gabriela walks through her methodical, boots-on-the-ground process for inventorying homes, vehicles, safe deposit boxes, and specialty collections,...
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027: Marshaling Financial Accounts in Probate: A Practical Guide for Executors
Probate Notes: Your Guide to Navigating California Probate Law
In this episode of Probate Notes, host Sam Price breaks down the practical realities of marshaling financial accounts during probate administration. The conversation focuses on what executors and administrators must actually do after appointment, including tracking down accounts, working with banks, and gathering the documentation needed to access estate funds without delays or missteps. The discussion also clarifies the key differences between cash accounts, brokerage accounts, paper securities, and retirement accounts, with special attention to timing, tax implications, and required minimum...
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026: Terrence Franklin: When Probate Law Changed a Family’s Fate
Probate Notes: Your Guide to Navigating California Probate Law
In this episode of Probate Notes, Sam welcomes trust and estates litigator Terrence Franklin for a powerful conversation that blends probate law, history, and personal discovery. Terrence shares that, decades into his legal career, he uncovered a 19th-century will contest that directly shaped his family’s freedom and reshaped his understanding of the law’s role in justice. The discussion traces Terrence’s path from Harvard Law School to trust and estates litigation, before turning to the remarkable story of his fourth great-grandmother, Lucy, who was enslaved in the 1840s. Through a...
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025: How Client Care Specialists Improve Consultations and Firm Growth with Brandie Cooper
Probate Notes: Your Guide to Navigating California Probate Law
In this episode of Probate Notes, Sam flips the script and brings listeners inside his own law firm to explore a part of probate practice that often gets overlooked: the first phone call. That initial conversation sets the tone for the entire attorney-client relationship, shaping expectations around cost, timeline, communication, and trust. Sam explains why attorneys are often not the best people to handle these early conversations and how a well-trained intake professional can improve both client experience and firm efficiency. Joining Sam is Brandie Cooper, a client care specialist at Price...
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024: How Attorneys Can Break Burnout and Reclaim Energy with Sharon Vidano
Probate Notes: Your Guide to Navigating California Probate Law
In this episode of Probate Notes, Sam welcomes Sharon Vidano, a former criminal defense attorney turned certified life coach, for a conversation about mindset, energy, and intentional living in the legal profession. Drawing on her own experience practicing law, Sharon explains why so many attorneys find themselves living on autopilot, pushing through long hours, high stress, and constant demands without ever stopping to ask whether the life they’re building actually feels fulfilling. Sharon introduces the idea of “living by default” versus “living by design,” emphasizing that change...
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023: Inside Probate Mediation with Daniel I. Spector
Probate Notes: Your Guide to Navigating California Probate Law
Family disputes over trusts and estates don’t just involve legal questions. They carry decades of emotional history, misunderstandings, and tension that money alone can’t resolve. In this episode of Probate Notes, Sam sits down with veteran trust-and-estate mediator Daniel I. Spector to explore how mediation offers an effective, human-centered alternative to years of bruising litigation. Dan walks through what mediation actually looks like inside probate disputes — how neutral fact-framing works, why listening for understanding (not rebuttal) changes negotiations, and how collaborative...
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022: Renewals & What Practitioners Miss with Paul Shakarian
Probate Notes: Your Guide to Navigating California Probate Law
Probate bonds play a critical role in California probate cases, yet many practitioners still find the process confusing. In this episode of Probate Notes, Sam sits down with attorney and surety-bond specialist Paul Shakarian to clarify how bonds work, how applicants get approved, and the factors that influence underwriting. Paul shares his transition from practicing law to running a bond agency, along with practical guidance on premiums, renewals, bond riders, and exoneration. His insights help attorneys, fiduciaries, and administrators avoid common bonding pitfalls that stall probate cases....
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021: Revolutionize Legal Mailing: Streamlined Solutions with EDEX Information Systems with Chris Floyd
Probate Notes: Your Guide to Navigating California Probate Law
Ever felt bogged down by the endless paperwork in the legal field? On this episode of Probate Notes, Chris Floyd from EDEX Information Systems shares how his company is revolutionizing the way legal professionals handle their mail. Chris shares how EDEX transitioned from aiding the California State Workers' Compensation System to becoming an essential partner for attorneys, especially during the pandemic's shift to remote work. Learn how the challenges of managing extensive mailings in probate law can be effortlessly overcome with EDEX's innovative print and mail service. Imagine if sending...
info_outlineHave you ever wondered why selling real estate in a California probate case can feel like navigating a labyrinth?
On this episode of Probate Notes, Sam, your host and certified specialist in estate planning, trust, and probate law, is here to guide you through the maze. Most often, it is real estate that puts an estate in probate. This episode unravels the often intricate process of selling real estate within a probate case, from appointing a personal representative to closing escrow. He discusses when a probate attorney is necessary, particularly in situations involving joint tenancy or community property with the right of survivorship, and explores the circumstances under which probate is essential for individual owners or tenants in common. Whether you're an attorney, fiduciary, paralegal, or real estate agent, Sam equips you with essential insights and tips to effectively manage probate real estate transactions in California.
Join us as Sam dissects the probate real estate sales process, spotlighting every critical step a personal representative must take upon receiving a purchase agreement. He clarifies the essential Notice of Proposed Action and the instances that require court confirmation, such as obstructions or limited authority. Dive into the nitty-gritty of drafting petitions, conducting court hearings to confirm a sale, and meeting the mandatory condition of selling properties for no less than 90% of their appraised value. We don't stop there; you'll also gain knowledge about the court-ordered auction process and how to secure successful bids.
With practical tools and strategic advice, this episode promises a structured and efficient journey through probate real estate sales, ensuring you avoid common pitfalls and maintain seamless communication with brokers and title companies.
In this episode, you will hear:
- Expert guidance from Sam Price on navigating California probate real estate sales
- Essential steps from appointing a personal representative to closing escrow
- Importance of probate attorney involvement in joint tenancy and community property scenarios
- Detailed exploration of the Notice of Proposed Action and court confirmation processes
- Tips for ensuring properties sell for at least 90% of their appraised value for court confirmation
- Communication strategies with brokers and title companies to avoid common pitfalls
- Understanding the probate bond and authority types (full vs. limited) in probate transactions
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Episode Credits
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