Procedures for Probate(updated 06/19/2011)
Preparing for Pulling Probate Leads (to be done in advance, the night before)
Go to this web site:
(don’t forget the “s” in https)
Click on Accept Terms.
Once you accept, it will show four tabs. Click on the tab of “Search by Date”.
Type in the start date and end date that you want to searchin the format mm/dd/yyyy.
Where it says security code, type in what you see the box shown then hit search.
It will pull up all of the documents that are related to probate.
Click on the heading “Case Type” to sort the records. It will sort descending. Click the heading again to sort ascending.
Click on the “Next” link to page forward until you reach Letters of Administration.
Use your mouse to highlight all of the records that are of type “Letters of Administration” and paste them into Microsoft Excel. Copy the text to the clipboard (ctrl-C).
Open up Excel and paste the records into a spreadsheet. If you're using Excel 2003, use the“Paste Special as Text” command to preserve the columns when pasting (Shortcut: ALT e, s, t)
Copy and paste the headings (Case No., Title, Filing Date, Case Type) as your header row into Excel. Depending on your version of Excel, it might paste some blank rows into Excel. Ignore them for now.
Return to the web browser and page forward until the case type “Probate of Will – Letters Testamentary.” Repeat the same procedure as above, pasting the rows into Excel.
When you are done pasting the data into Excel, you might have text in alternating rows, with blank rows in between each row of text.
To delete blank rows:
Edit...Go to Click "Special"
Choose Blanks, hit OK
Edit...delete
Choose “entire row”
Hit OK
Your completed spreadsheet should be in this format. Print out this sheet and bring it with you to the JusticeCenter. Also print out several blank copies of the Probate Lead form.
Going to the Court House
Lamoreaux Justice Center
341 The City DriveSouth
Orange, CA92868-3205
COURT HOURS: 8:00 AM TO 5:00
(Always double check their hours. Due to state budget cuts, many of the local government offices have implemented “furlough” days and may not be open during certain days of the week, or certain days every other week, etc.)
Probate Clerk's Office / 714-935-6061General Information / 714-935-8043
Appeals / 714-935-6200
Probate Court Services / 714-935-8223
Probate Checkers / 714-935-8043
Checker (between 11:00 a.m. - 12:00 p.m.) / 714-935-6052
Note: Cell phones and other electronic equipment with cameras are not permitted in the Lamoreaux JusticeCenter. You will be going through a security system similar to the ones at the airport.
However, laptops are allowed and will make your data entry faster and easier. If you have a small laptop, it is recommended you bring it to the JusticeCenter.
Parking
$1.00/30 mins.
To save money, you can park at the mall parking lot at the Block of Orange.
Once you enter the Lamoreaux JusticeCenter, take the elevator to the 7th floor.
Follow the arrow that says ProbateCenter. You can enter the room where they have computers.
To use the computer, click “Start”
Click on the Accept Terms button.
Hit “SEARCH CASES”
Enter the case number from the website then hit search. For example, if the case number is 30-2009-00304863-PR-PW-LJC, you just need to enter the numbers after the year (00304863).
To view the document, click on the PDF icon. The main document you want to see will either say Petition for Probate (this is the first form filed to initiate probate) or Petition for Letters of Administration.
Checking if the Estate Owns Real Property
Before you start to fill out the probate lead form, first, go to page 2, Item 3 c (4) of the Petition for Probateto see if there is any real property. If there is no value of real property, then move on to the next record.
If there is real property that has value, then we will now check to see if the property has already been sold. This is more likely if you are searching dates that are more than a few months prior to today’s date.
Checking if the Property has Already Been Sold
Go back to the list of actions (Register of Actions) and look for Inventory and Appraisal. Open it and see if it is checked “Final”. Look for the same property. This is the actual value the court will use, not what is on the Petition. The Inventory and Appraisal with have the legal description, the street address and the APN.
Next, go back tothe Register of Actions and look for a Notice of Proposed Action that is the same date as the Inventory and Appraisal or a later date. Look at it to determine if the proposed action is a sale of that particular real estate. If yes, and there is full authority, that property is sold, and we can move on to the next record. Is there a chance that it could fall out? Yes, but not as likely as an offer, since this is already fully negotiated. So it’s up to you whether you want to follow up with the executor or administrator. If it is limited authority, see if the purchase price is within the 90% of the value on the Inventory and Appraisal. If not, and you can come within the 90%, contact the Executor or Administrator.
Completing the Probate Lead Form
Pull up the Probate Lead Form in Excel on your laptop or on paper if you printed them out. Complete one form for each probate case. Remember, the first thing to check is the Real Property Value. If there is no real property value, then move on to the next case.
If one or more of the following criteria is met (checkboxes on the form), then the case is a good lead to follow up on:
- Over $1MM in equity
- Free and Clear
- No Spouse
- No Beneficiary
- Out of state beneficiary
- Property in your target area
Helpful Hints:
- The PR (personal representative) is typically the PETITIONER
- The PR’s address is usually found in the attachments where it has name, relationships, ages and addresses of next of kin.
- Use ALT-F4 to get back to the main page to hit SEARCH CASES
This should be a great starting point of marketing to probate deals.
PURPOSE for going to the Probate Court House:
- Find out if the Probate Case has any REAL PROPERTY (real estate)
- Get the PR’s name and address (this is who will be in charge of handling that real estate and can make the decision on selling it)
General Information about Probate
What is probate? Probate is the process that validates the will if there is one and it creates a line of succession of assets is there isn’t a will.
What is the purpose of probate? Probate is used to settle the account of an estate, to pay creditors and distribute remaining assets, and decides who the heirs are going to be. If the assets are titled in a living trust then those assets bypass probate and pass directly to the heirs named in the trust.
Process- creates an estate. Estate is a file. Assets and liabilities go into that file. Everything they ownare assets: car, home, jewelry, boat, etc. Liabilities are everything they owe. In the process of probate, all of the liabilities are paid off and remaining assets are distributed to heirs.
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Testate-If you have a valid will, you are said to die testate, meaning the decedent spelled out their intentions completely and legally in their last will and testament.
Intestate- A will status of intestatemeans decedent did not have a valid will at death
PR- personal representative, directs the decision maker settlement of all legal affairs
If intestate- State will determine the line of successor. Usually blood line.
People involved- decision maker liason between estate and heirs. They file the petition, view the will, administrator of estate, file tax returns settle all claims, settle discharge
Attorney-involved with the decision maker, but is an employee. Attorney is just advising them. They receive a statutory amount when getting paid.
Petition-very first form to initiate probate.
Decedent- the one that passed away
Decedent Address-is the last known address, careful could be nursing home! May or may not be the estate address
Estimated value of the estate-Real property
Survived with a spouse- usually attachment 8
Notice- once petition is filed, this probate is now filed. Judication that prints legal notice. Small newspaper. Local. Has case number, decedent name and aka’s
Dates and number of times it will be published. Get attorney’s name.
Will- all different. Could be created by attorney or handwritten by deceased.
Order for probate- what comes back from the court.
Another tip: On first page of the “letters of administration”, Section 3, see if the PR/Administrator (found in Section 2) has “Full Authority” or “Limited Authority”. When there is “Full authority” the PR/Administrator has full decision making authority at which price to sell any real or personal property. With “Limited Authority” any purchase/sale of real property must be confirmed by judge/in court. Typically with limited authority, the judge/court will approve sales within 90% of market value…so as an investor, don’t expect to get a great wholesale price on limited authority. However, remember you can always also work out a seller financed deal instead…something to think about.
Good luck!
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