The Challenge

Years after a man's death, his family was notified about a plot of undeveloped land owned in his name. At the time of his death, they had no idea this asset existed. Since the title remained in the deceased’s name, the parcel prevented the closing of a high-stakes real estate transaction. The deceased's family was faced with a confusing and stressful situation. With pressure mounting from interested parties, probate seemed like the only solution to obtain a clean title for the land. 

The Solution

Harbor Probate Law was originally brought on board to probate the decedent's Last Will and Testament. Our first step in handling this newly discovered asset was looking for a way around a full probate proceeding. Given the lapse in time since death and the size of the parcel, we concluded that a summary proceeding - available for properties under a certain value -  could offer a more advantageous route. 

Harbor promptly engaged a local probate referee to conduct an inventory and appraisal of the parcel.  If the property’s value was under $61,500, it could qualify for a Real Property Petition according to California Probate law. Utilizing this procedure would expedite the process significantly, saving the clients thousands of dollars in legal fees, and bypassing the need for a lengthy probate. 

The Result

Our initial assessment was correct. The appraisal came in under the $61,500 limit, and we were able to complete the Real Property Petition procedure quickly.  The real estate transaction closed, and the deceased’s portion of the sale was distributed to his family, without the need of a probate proceeding or significant legal fees.