PROBATE PROCESS FOR BUYERS

 A.   Before the Court Date

1. Talk to a Lender to confirm you will be able to get a Loan  -- Credit Status of all parties to the   transaction is an important consideration – also keep in mind that since you are Overbidding it is important to know the comps and be prepared to have more than the 10% down to cover potential appraisal issues  

2. Consult an attorney (if necessary) to determine how you will take title to the property if you are  the successful overbidder  - you must tell the Judge immediately how title will be held

      3. Due Diligence In Advance -- 

          Request Termite report or conduct your own Termite Inspection

          or Physical Inspection. Do your homework prior to going to

          court as the purchase terms are “AS IS” with no

          warranties and no guarantees.  (Therefore there is a chance

          you may spend $$$ up front on a property that you are not the

          successful bidder)

B.      Suggestions for an Overbid In Probate Court

1.       Determine location and be sure to arrive on time and get a good seat – check the calendar on line as dates change frequently

2.       Arrive with cashiers check made out to the name of the Buyer for 10% of your maximum bid, any overage will be applied to the balance as a debit or a credit. Or have one cashiers check for the 1^st overbid  amount and a series of checks in case you wish to go up in price.

      This is your “earnest money deposit”.  If your overbid is

      accepted by the court, it will be endorsed over to the 

      estate. 

      Note: Earnest money is totally non-refundable, unless

      your offer is overbid in court   

3.       All bidders will be “Qualified” by the Attorney by showing 

      their checks

4.       Overbid Formula -  5% plus $500 over the first accepted 

      bid.  If more buyers wish to submit overbids in court the

      judge will announce the minimum increments for the

      additional bids (usually in $3 to $5K increments)

PROBATE Q&A 

Q: Where can I check if a probate action has been filed?
A: With the decedent's full name and date of death you can call the Index section at 213-974-5175. If a case has been opened in Los Angeles County, the index section will give you a case number and can tell you in which district the case is pending. With that case number, you can view the file where it is located.

Q: Where is the list for probate properties that are for sale?
A: There is no list. However, posting for upcoming petitions can be found on the first floor of the Stanley Mosk Courthouse.

Q: Does the Court provide a list of probated property?
A: The court does not provide such a list.

 Los Angeles Superior Court
Probate Department
(Central District)
Room 258
111 North Hill Street Los Angeles, CA 90012

Probate Calendars

• Department 11: 9:15 a.m., 10:15 a.m. and 11:00 a.m. Mondays through Thursdays
• Department 5: 9:15 a.m. and 11:00 a.m. daily

There are no probate (clearing) attorney office hours. To clear Probate Notes, filed documents must be submitted to Room 258 (faxed documents are not accepted), within the time frames set forth in Rule 10.19(a) of LASC Local Rules. You may contact the Probate Attorney whose e- Mail address appears at the end of the Probate Notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Parameters for Probate Notes are available in Room 258 and on this site.