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Hi, my name is Andrew Meinzer of Meinzer Law Firm, P.C.

Today I’m going to talk with you about how to sell a house or other real estate in a California conservatorship court proceeding (or “conservatorship”). This is the third video in a three-part video series.

In the first two videos we discussed the reasons for selling conservatorship real estate and the first step of selling the conservatee’s present or former personal residence. Here we’ll discuss all the other steps.

As with a probate real estate sale based on the default with no Independent Administration of Estates Act (or IAEA) authority, the process for selling conservatorship real estate is as follows: Obtain prior court approval to enter into an exclusive listing agreement with a real estate salesperson and to list the real estate for sale. Sign the exclusive listing agreement. Publish Notice of Sale in the local newspaper. File with the court an appraisal of the real estate. Accept a purchase offer on the required contract form. Arrange for increase of the surety bond amount. Obtain prior court approval of the sale. And then, forward a certified copy of the court order approving the sale.

Although the process is generally the same both in probates following the default rules with no IAEA authority and in conservatorships, there are some differences.

Unlike a probate real estate sale under the default rules with no IAEA authority, obtaining the court authority in step 1 of a conservatorship real estate sale involves the items discussed in the prior video.

Also a small difference exists between the inventory requirements of a probate real estate sale based on the default with no IAEA authority and the inventory requirements of a conservatorship real estate sale. In a conservatorship, if the sale pertains to the present or former personal residence of the conservatee, then the inventory must be dated within six months (rather than within one year) of the court hearing for approval of the sale. Also in that case the indicated value of the real estate on the inventory must be as of a date within six months (rather than within one year) of that court hearing.

The rules for selling real estate in conservatorships are complex. They contain many variables. Each of them is a pitfall for the unwary.

Hiring an attorney experienced with conservatorships can help the process to run smoothly and avoid trouble. In addition, the advice and guidance of an attorney experienced with conservatorship court cases is invaluable for attaining your goals in these types of cases.

At Meinzer Law Firm, P.C., we have over 20 years of experience helping clients achieve their goals in conservatorship cases.

Again, I am Andrew Meinzer of Meinzer Law Firm, P.C. If you know that you need our help, or even if you just have a question, please contact us and let us take care of you.