Here’s a comprehensive list of possible questions about the Probate Listing Addendum, with explanations for each:

1. What is the purpose of the Probate Listing Addendum?

It supplements the listing agreement when selling a property through probate, clarifying the seller’s authority, court requirements, and timelines.

2. When is a Probate Listing Addendum required?

It’s used when the property is part of a probate estate and the sale must comply with California probate laws, either with or without court confirmation.

3. Who signs the Probate Listing Addendum?

The personal representative (executor or administrator) of the estate signs it, confirming their authority to sell. In some cases, an attorney may also be involved.

4. Does the addendum specify whether court confirmation is required?

Yes. It states whether the sale is subject to court confirmation, which affects timelines, marketing, and closing procedures.

5. How does the addendum affect marketing the property?

It may set conditions for how the property can be marketed, including whether “subject to court confirmation” must be noted in the MLS listing.

6. What happens if court confirmation is required?

The addendum explains that the sale cannot close until the court holds a confirmation hearing, approves the sale, and possibly allows overbids.

7. How does overbidding work in probate sales?

It outlines that other buyers can appear at the court hearing to submit higher offers, and details how the overbid amount is determined.

8. Are there special deposit requirements?

Yes. Probate sales often require a specific earnest money deposit amount (usually 10% of the offer price), and the addendum can clarify these requirements.

9. Does the addendum address “as-is” condition?

Typically yes. Probate properties are sold “as-is,” and the addendum confirms that the estate is not obligated to make repairs.

10. Who pays for reports and disclosures in a probate sale?

The addendum may outline that the estate will not provide certain disclosures (such as TDS or SPQ) if exempt under California law, and that buyers must conduct their own inspections.

11. Does the addendum change contingency timelines?

Yes. Because probate sales can take longer, contingency periods may be extended or structured differently.

12. Are there risks of delays with probate sales?

The addendum warns buyers and agents about possible delays due to court scheduling, notice requirements, and creditor claims.

13. Can the buyer back out if court approval is denied?

Yes. The addendum generally allows cancellation without penalty if the court does not approve the sale.

14. How is the purchase price determined in probate?

It explains that the court may require the price to be at least 90% of the appraised value, and that this can impact negotiation.

15. Does the addendum address legal representation?

Yes. It often advises the seller’s side to work closely with the probate attorney, and the buyer to seek legal counsel for understanding probate requirements.