Probate, a legal process that determines how an estate is to be divided, is not always necessary in California. It may not be required, for example, if the deceased person owned all assets in joint tenancy with someone else, or in a valid living trust.

The good news for Californians is that probate is a well-defined process – and escrow plays an important role in keeping the estate’s assets safe and in seeing the process through.

The probate procedure is typically started by an appointed party, often the executor of the deceased’s estate, and while each probate situation may have its unique details, the escrow company, acts as a neutral third party.

The escrow company has a fiduciary duty to all parties involved in a transaction and are required to act in the financial interests of both the buyers and sellers and must ensure that the terms of the contract are followed.

Once the probate process has been completed, the escrow company delivers the assets to the appropriate parties. 

In the case of a probate property sale, the escrow officer handles the paperwork in any transfer of property, managing the timeframe to coincide with the close of probate.

Escrow fees for a probate sale can vary based on the issues and complexities involved and the services provided. As your escrow partner, we’re here to assist your clients with working through the escrow process. 

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This material is meant for general illustration and/or informational purposes only. Although the information has been gathered from sources believed to be reliable, no representation is made as to its accuracy. This material is not intended to be construed as legal, tax or investment advice. You are encouraged to consult your legal, tax or investment professional for specific advice.