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Who can sign for an inherited house?

If the house is still held by an estate, the personal representative—the executor or administrator appointed by the probate court—acts for the estate. With full authority under the Independent Administration of Estates Act, the representative can sell without a court confirmation hearing after giving heirs and beneficiaries a Notice of Proposed Action at least 15 days before acting. If someone objects, the sale goes through court supervision. With limited authority, a sale of real property needs court supervision. Other court procedures may fit some surviving spouses or heirs, so have a title company or attorney confirm who can sign for this property.

Probate Code §10511, full authority · §10501, court supervision · §10586, notice of proposed action · §10589, effect of an objection.

California mortgage-foreclosure dates

California home loans commonly use a deed of trust, so most foreclosures are nonjudicial: the trustee named in the deed of trust runs the process without a lawsuit. The trustee records a notice of default. After a 90-day cure period, a notice of sale can follow; that notice must be posted, published, and recorded at least 20 days before the trustee’s sale. You can usually reinstate by catching up until five business days before the sale, or pay off the loan through the sale itself. There is no right to redeem after a nonjudicial trustee’s sale.

A trustee may postpone a sale at the lender’s instruction or by agreement. For one-to-four-unit homes, state law also allows limited 45-day postponements tied to a broker listing and a qualifying purchase agreement. Confirm the current sale date and payoff with the trustee, title company, or an attorney.

If a trustee's sale is scheduled, tell us the date right away so we can try to close before it.

California Courts: nonjudicial foreclosure guide · Civil Code §2924c, reinstatement · §2924f, sale notice · §2924g, sale and postponement · California Department of Real Estate homeowner guide.

See the Santa Rosa foreclosure page for a focused deadline checklist.

Selling with tenants

A sale does not end a tenant’s lease or rental agreement; the buyer takes the property subject to the lease and receives the same rights to collect rent and enforce it. Share the leases, deposit records, notices, access limits, and possession expectations so they can be addressed in the sale and closing plan. Local rent and eviction rules may also apply.

Civil Code §821, rights under a lease · §1950.5, security deposits · Santa Rosa tenant-occupied property options.

Documentary transfer tax and what you keep

California counties charge $0.55 for each $500 of taxable consideration, or fraction of $500. The tax applies when consideration is over $100, excluding a lien or loan that remains on the property. A city may take half of the county rate as its own share, credited against the county tax; some cities add a larger tax on top. The recorder collects the tax when the deed is recorded, and the purchase agreement can allocate the cost. Ask the title company or escrow to confirm the parcel’s city and county rules and the taxable amount.

When you sell to us, we pay the closing costs, including the county documentary transfer tax and any city transfer tax.

That does not include your mortgage balance, liens, back taxes, or your share of current property taxes.

We always review the settlement sheet with the seller and walk through how the money breaks down so there is no confusion. We try to do that the day before closing so settlement is smooth; the title company confirms the final numbers.

Revenue and Taxation Code §11911, county tax · §11912, persons responsible · §11931, city tax credit and allocation.