The Probate Process for a House in Stockton CA

December 1, 2015

So What is the Probate Process for a House?

Did a relative recently pass away without a will? If yes, you will most probably encounter probate. If you don’t have an understanding of probate, let this article be your guide.

Probate refers to a legal process which results in a court certifying the will of a deceased or determining if he or she died without one. As part of the probate, the court will choose someone to manage the bills and all assets of the deceased. Depending on particular cases, such person can be called administrator, executor or administrator with the will annexed. Probate is also when creditors of the deceased could come before the court and ask their claims for payment. Under the law, they have a predefined time to demand for payment.

Probate Order Aside from insuring the payments of debts showed by creditors, the process of probate can also be used by the local government in order to ascertain taxes are settled and paid. The deceased’s income taxes should be paid for his personal ITR before he died. In the event the estate gets any income within the probate, a different estate ITR is needed and taxes should be paid on such income. Once the deceased’s estate is more than the maximum exemption ($5,000,000), a local estate tax return is required, and any other taxes should be paid within 9 months after death.

Probate determines the wishes of the deceased. For instance, interests of real property (most commonly a house) are very essential. The state of California has a firm interest in ascertaining it is passed according to the desire of the deceased or applicable law.

Assets Associated to Probate

Probate is not necessary for each asset which someone owns when he dies. However, it is commonly used for any of the following assets.

Assets which are only under the deceased’s name
Half of every asset which was registered with his spouse as community property
Any assets which include things like art, furniture, jewelry or the likes, that aren’t registered
Such part of any asset which belonged to the person who died as a registered tenant together with other people

If the total value of the assets of the deceased is less than one hundred and fifty thousand dollars, probate is no longer necessary under the California law. The assets which aren’t subject to probate undergo the simplified process of transfer. Commonly, a family attorney is called to help in this situation.

The process of probate is still a mystery to most Californians and you should seek legal advice. While most of them will tell their estate planning lawyer that they would like an estate plan, which avoids probate, only few comprehend what this really means. To its simplest form, probate process is simply the option for transferring titles of assets from the deceased to its intended beneficiaries.

The courts job is to determine the succession of real property to the rightful heirs.

Want to sell your house in Stockton fast (and securely)?

We have purchased many houses from heirs of an estate even before the Probate process has started. We have many years of experience in navigating the probate process. If you are interested in selling your house in advance of a probate we can help. We have and will in certain circumstances advance the cost of the Probate filing including attorneys fees to help families that just don’t have the money to initiate and complete the Probate process. In choosing us they found a partner in Stockton,that has the resources to hire an Attorney and see it through.

If you have a Stockton house that you would like to sell contact us through our website form, our social media pages, or just give us a call at (209) 481-7780. For immediate assistance, you can leave an email message on our site and we will call you within the shortest possible time.

We are here to explain the process and help walk you through the probate process for a house in Stockton, we look forward to speaking with you. 🙂

At “Westbrook REI” and “I Buy Houses Stockton“, we are the best at what we do because we work at it every day. We understand that a commitment to customer and a commitment to our business only happens with hard work. We have years of experience and a plan that we follow. We are a real company with real people that are committed to helping you achieve your goals.

We buy houses in Stockton, CA and its surrounding areas in Lodi, Woodbridge, Acampo, Lockeford, Linden, Ripon, Manteca, Modesto, Ceres, Tracy and Sacramento CA. If you need to sell your house fast in [market], call us… we’d love to make you a fair no-obligation no-hassle offer. Take it or leave it. You’ve got nothing to lose, but we’d love to earn your business. 🙂

Call us today at (209) 481-7780 to get a cash offer on your inherited house today!

We Buy Houses Stockton, The Man Behind the Sign

I Buy Houses Stockton Introduction (209) 481-7780 We buy Houses Stockton

My name is Peter Westbrook and I am a local real estate investor and the owner of We Buy Houses Stockton and Westbrook Real Estate Investments in Stockton, California. I am NOT a Real Estate Agent or Broker and for good reason. I purchase real estate and I am NOT going to ask you to pay a commission or a fee.…I pay CASH and because I do, I can close on the day that I tell you.

For those of you that already know me or have already called me you can attest that I answer my own phone and I return all phone calls. When you call me at 209-481-7780 you are calling me on the same number that my mother and my closest friends call me at.

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What Customers Say

The City of Stockton was getting ready to tear down my old house. I was no longer able to maintain the Stockton House and after years of trying to keep up with code violations, needed repairs and vandalism, I finally called Peter

Westbrook. He came right out and told me what he could do. He contacted the city and county and even cleaned up the property before he bought it. He paid the back taxes for me and gave me an advance on the purchase of the house. Without his help I would have lost everything. I called real estate agents and other investors but no one wanted to help and no one offered to pay as much as Peter Westbrook. He completely remodeled the house and I smile every time I go by. Thank you Peter.

Leonard S

We inherited our parents house with one of our brothers living there . The property taxes had not been paid and it was in Tax default. We called Peter Westbrook and he found that the title was still in our parents name, so the Stockton House never went through probate. Peter also found that there was an old auto loan that had a lien on the

title and an old bankruptcy ruling to take care of that lien had never been filed with the courts. Peter handled everything including paying the back taxes, paying for the hiring a Probate Attorney and filing the probate and paying for and hiring a Bankruptcy Attorney to finalize the removal of the lien. He was patient, understanding and he took care of everything including evicting the tenants that were living in the house. We talked to real estate agents and other I buy house people. None of them had the answers for our situation. Without peter we would have lost everything. We got paid cash.

Steve H

We inherited my parents Stockton house with a mortgage. We decided to rent it out. The tenants destroyed the house. I didn’t know what to do, I didn’t have the money to fix it and the city had already issued code violations.. I called an “I Buy Houses Stockton Sign” on a telephone pole and Peter Westbrook answered. In 4 days he paid the bank and bought my house. We would have lost everything if it weren’t for Peter Westbrook.

Mike B

I inherited my mothers house with a mortgage. When my husband and I lost our jobs, we got behind in payments. Then the Bank posted a default with a auction date we didn’t know what to do.

We didn’t have the $15,000.00 and we only had two weeks to do something. We called Peter Westbrook and form the beginning he was confident he could stop the bank. Within 4 days he bought the house with cash, paid off the bank and stopped the Foreclosure. Without Peter we would have lost everything.

Brenda T

I saw a sign on a telephone pole and against my better judgement I called. The last thing I expected was a person answering the phone. I was surprised, Peter Westbrook answered the phone. I had a lot of questions and Peter had the right answers. My mother needed to get as much as possible out of the house and we had talked to several real estate agents and they all wanted to sell it cheap and wanted a 6% commission. They all told us unless we put thousands of dollars into it could not be sold for what we wanted. Not Peter. He made a fair cash offer and since then we have sold him another house. Peter and the title company handled everything. I couldn’t be happier and I would recommend Peter Westbrook to anyone.

Cathy W

I needed to sell my Stockton House. I called a phone number I saw on a sign and talked to Peter Westbrook. The City of Stockton said that they were going to take away my vacant Stockton house, knock it down and send me the

bill to do it. I did everything that I could to try to make them happy. A neighbor offered to buy the house and then Peter offered me twice as much. He did everything he said he would do and I just had to go to the Title Company and sign the papers. He did all of the work and now the City of Stockton is his problem. Thank you Peter.

Ann C

I inherited my Fathers Stockton house. The front porch was falling in, the walls had holes from being vacant and vandalized. The City of Stockton fined us, red tagged the property and forced us to put on a new roof so we had to get loans and we still couldn’t rent it out.

I called one of those “I Buy Houses” signs and Peter Westbrook came out and made a cash offer. The House closed escrow and we got our money for a house we though was worthless. Thanks Peter!”

Broderick R.

“Our Grandfather passed away and my brother, sister and I inherited his Stockton house. He was a junkman and hoarder. He was also 90 years old and had not made a repair to the house in years. He had garage sales almost every day. The house and the yard were full of junk. We tried to get everything out so we could just see the house. We had family and friends come over on the weekends but the cost and effort was consuming all of our time.The house was a mess.

I called Peter Westbrook and he made us a cash offer for the house and he said he would take care of all of the clean up. Thank God I called. The City had issued code violations and fines on the property and even before we closed escrow Peter and his crew had the house and yard cleaned (4 large Dumpsters later) . I recommend Peter Westbrook to anyone that has a problem house. They were fast and professional”

Connie J.

“I had tried to sell my Mothers Stockton house for two years. Realtor’s told me to tear it down. I didn’t have the money for that and my Brother and his family were living there. Peter Westbrook made me a cash offer and closed escrow with my brother still in the house. Peter Westbrook is my savior. I don’t have to worry about the house any more. If you have a Stockton house that has become a burden and you don’t have the money to fix it to sell it, call Peter Westbrook.”

Rosemary R.