Skip to content
×
PRO Members Get
Full Access
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime.
Level up your investing with Pro
Explore exclusive tools and resources to start, grow, or optimize your portfolio.
10+ investment analysis calculators
$1,000+/yr savings on landlord software
Lawyer-reviewed lease forms (annual only)
Unlimited access to the Forums

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
Wholesaling
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 10 years ago on . Most recent reply

User Stats

10
Posts
0
Votes
Bee Canyon
  • Investor
  • Irvine, CA
0
Votes |
10
Posts

Do I need to use a different contract for probates?

Bee Canyon
  • Investor
  • Irvine, CA
Posted

I live in Southern California, do I need to use the California RE contact to get a probate deal under contract to be able to assign it as a wholesale deal? Since these transaction are all cash, could I use a regular one to two page wholesale contract? Would the attorneys have problems using the 2 page contract? thanks.

Most Popular Reply

User Stats

3,866
Posts
3,550
Votes
Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
3,550
Votes |
3,866
Posts
Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
Replied

There is no statutory requirement necessitating the use of one contract form versus another. 

There are judicial council forms used in conjunction with the Purchase Agreements depending on whether Full, limited or special administration powers. You don't need to be concerned with the judicial council forms; this is the attorney's responsibility.

While there may not be a statutory real estate contract, you do have the issue of familiarity by attorneys, title, escrow and lenders. You could just create your own forms and first, as I do, but if starting you'll probably draw unwanted attention to your "personalized" version.

Now here's the bad news: CA probate courts make it difficult if not almost impossible to assign a sale requiring court confirmation.

And the good news is that most sales are full authority sales which do nit require court confirmation. 

Here's the easy solution: look up the closest real estate board, go to the local office, and purchase all the firms you want, even if not an agent, for a few bucks.

Loading replies...