Probate Advisory (C.A.R. Form PA), with clear explanations. This will help agents understand how to manage probate sales and stay compliant with legal and brokerage standards.

🔹 GENERAL PURPOSE & UNDERSTANDING

  1. What is the Probate Advisory (Form PA) used for?

Explanation:
C.A.R. Form PA is an informational disclosure used when the sale of property involves a probate proceeding. It outlines the roles, legal risks, and steps involved in probate transactions, and advises buyers and sellers to seek legal guidance.

  1. Is the Probate Advisory required by law?

Explanation:
It’s not legally required, but it is strongly recommended by most brokerages for any transaction involving:

  • A deceased owner’s estate
  • Court confirmation
  • A personal representative, executor, or administrator selling the property
  1. What is a probate sale?

Explanation:
A probate sale occurs when a person dies owning real estate, and their estate must be settled through court-supervised proceedings before the property can be sold or transferred to heirs.

  1. What is the goal of the Probate Advisory?

Explanation:
To:

  • Explain the probate process
  • Clarify that real estate agents are not attorneys or probate experts
  • Reduce liability by encouraging parties to seek legal counsel

🔹 ZIPFORMS-SPECIFIC QUESTIONS

  1. Where can I find the Probate Advisory in ZipForms?

Explanation:
In ZipForms:

  • Go to “Add Forms”
  • Search “PA” or “Probate Advisory”
  • Add C.A.R. Form PA to your transaction
  1. Can I add the Probate Advisory to my listing template in ZipForms?

Explanation:
Yes. If you specialize in trusts, estates, or probate, you should include Form PA in your listing templates for applicable cases.

  1. Can I send the PA for e-signature through DigiSign or DocuSign?

Explanation:
Yes. The Probate Advisory form is fully compatible with electronic signature tools in ZipForms.

🔹 LEGAL & DISCLOSURE QUESTIONS

  1. Who should sign the Probate Advisory?

Explanation:

  • If on the listing side: The personal representative (executor or administrator) of the estate signs.
  • If on the buying side: The buyer signs to acknowledge understanding of the unique process and risks.
  1. Do I need a copy of the death certificate for a probate listing?

Explanation:
Usually yes, for:

  • Verifying the decedent’s name on title
  • Title and escrow requirements
  • Establishing that probate is required
  1. What if there are multiple executors or administrators?

Explanation:
Unless the court order specifies otherwise, all personal representatives must sign contracts and disclosures, including the Probate Advisory.

  1. What disclosures are required in a probate sale?

Explanation:

  • If the seller is an estate administrator/executor, and did not live in the property, they may be exempt from:
    • TDS (Transfer Disclosure Statement)
    • SPQ (Seller Property Questionnaire)
  • However, NHD (Natural Hazard Disclosure) and Lead-Based Paint disclosures are still required, if applicable.
  1. Does the buyer have the right to cancel in a probate sale?

Explanation:
It depends on whether court confirmation is required. In court-supervised probate, the court has final say, and the sale may be subject to overbids, delays, and court rejection.

  1. Can the listing agent represent both buyer and seller in a probate sale?

Explanation:
Yes, if allowed by brokerage policy and fully disclosed using the Agency Disclosure (AD) and Consent for Dual Agency (DA) forms. However, extra caution is required due to the legal complexity.

  1. Does the Probate Advisory replace any other disclosure forms?

Explanation:
No. It’s an additional advisory, not a replacement. Use it alongside other required disclosures and addenda.

  1. Do agents need special certification to handle probate sales?

Explanation:
No special license is required, but agents are encouraged to attend probate training, and always refer clients to a qualified probate attorney.

🔹 PRACTICAL TRANSACTION QUESTIONS

  1. How long does a probate sale take to close?

Explanation:
It can vary significantly:

  • Without court confirmation: 30–45 days (similar to standard sales)
  • With court confirmation: 60–90+ days or longer, depending on court availability and required notices
  1. Does the Probate Advisory explain overbidding?

Explanation:
Yes. It states that in court-confirmed probate sales, buyers may be overbid in court and may lose the property, even after their offer was accepted.

  1. Should I use RPA or a different purchase agreement for probate sales?

Explanation:
Use the Residential Purchase Agreement (RPA) with appropriate probate terms added or custom attorney-drafted language, especially if court confirmation is required.

  1. Do probate properties always go to court?

Explanation:
No. Some are sold under the Independent Administration of Estates Act (IAEA) without court approval. The Probate Advisory explains this distinction.

  1. Who decides if court confirmation is required?

Explanation:
The probate court decides based on:

  • The type of authority granted to the personal representative
  • Whether the estate is under full or limited authority

âś… BROKER COMPLIANCE CHECKLIST FOR PROBATE SALES

Task Required? Notes
Add Probate Advisory to ZipForms transaction âś… C.A.R. Form PA
Seller (executor/admin) signs âś… If on listing side
Buyer signs advisory âś… If on buyer side
Broker/agent signs advisory âś… Acknowledges delivery
Recommend legal/probate attorney âś… Agents should NOT interpret court authority
Verify court authority or letters of admin âś… From the probate court
Include death certificate (if applicable) âś… For escrow/title verification
Confirm court confirmation status âś… Impacts timelines and contingencies

Disclaimer:
The questions and answers provided are for general guidance only and may not cover all details or apply to every situation. If anything is unclear or you need further clarification, please visit car.org for official resources and the most up-to-date information from the California Association of REALTORS®.

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