SENIOR, PROBATE & TRUSTS SPECIALISTS

WE ARE REAL ESTATE SPECIALISTS FOR THE SENIOR COMMUNITY

The SRES® Designation demonstrates the necessary knowledge and expertise to counsel clients age 50+ through major financial and lifestyle transitions involved in relocating, refinancing, or selling the family home.

AS AN SRES® REALTOR, WE WILL:

Provide you with useful resources and information

Help you understand the potential financial situations and available financing methods

Help you understand federal laws concerning 50+ buyers

Inform you of housing options and amenities available

WE ARE PROBATE & TRUST SPECIALISTS

During Difficult Times, You Need A Trusted Expert

Laura Klein, Certified Probate & Trust Specialist (C.P.R.E.S)
Probate and Trust real estate transactions are not typical real estate transactions. When selecting a real estate agent to represent you in a probate and/or trust situation, you need a professional who understands the process.  This is where our team is equipped to navigate you through probate and trust process.
Probate
Probate is the legal process for distributing a deceased person's property to their heirs and beneficiaries and settling any debts. The probate process carries out the instructions in a person's will. Additionally, if there's no will, it follows state law. If you own a house in California and you die without a living trust, your heirs or beneficiaries will have to engage the probate court to transfer the title out of your name into theirs.
Trusts
If someone dies and he or she has a trust then no probate is needed. However, many of the procedures that are taken in a probate are still applicable to a trust. If someone dies having drafted a living trust, there is no probate proceeding but rather the process is called a trust administration. A trust administration is NOT a court-supervised proceeding, like a probate, but rather the successor trustee will manage the trust's assets in accordance with the terms of the trust in strict adherence to the California Probate Code.
Convervatorship
When someone is no longer able to handle his or her own financial and/or personal affairs, the court can appoint an individual (the conservator) to act on behalf of the incapacitated person (the conservatee). The judicial procedure for this appointment is called a probate conservatorship. The establishment of a conservatorship restricts the conservatee’s powers over financial and/or personal care decisions.

How To Determine If Probate Is Necessary

01

LIVING TRUST

No probate needed

02

SPOUSAL PETITION

Not if there is no will and real property is left with surviving spouse or domestic partner and a Spousal Property Petition is filed

03

HEGGSTAD PETITION

If a homeowner takes the property out of trust the “Heggstad Petition” allows for the house to be put back into the trust to avoid probat

04

REVOCABLE TRANSFER ON DEATH DEEDS (RTOD)

No probate if beneficiary added to RTOD and other requirements met

05

JOINT TENANCY

Probate necessary if all joint tenants have passed away

06

C0MMUNITY PROPERTY & COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

Could require probate

07

AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE

If decedent’s property is worth less than $166,250, a probate is not necessary

08

PETITION TO DETERMINE SUCCESSION TO REAL PROPERTY ($55,425 TO $166,250)

Avoid a probate by filing Petition to Determine Succession to Real Property

The Probate Process

Learn More About Our SRES® Services and Probate & Trust Services
310-459-7765

Email: Team@KleinListings.com