Report Of Sale And Petition For Order Confirming Sale Of Real Property

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Report Of Sale And Petition For Order Confirming Sale Of Real Property is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

A personal representative of the estate, conservator, or guardian uses this to tell the court about the sale of real property in an estate, guardianship of the estate, or conservatorship case and ask the court to confirm the sale.

Atticus Fast Facts About Report Of Sale And Petition For Order Confirming Sale Of Real Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Report Of Sale And Petition For Order Confirming Sale Of Real Property:

• This form pertains to the State of California

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about California’s Form DE-260 - Report Of Sale And Petition For Order Confirming Sale Of Real Property up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form DE-260, take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form DE-260 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form DE-260 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Report Of Sale And Petition For Order Confirming Sale Of Real Property to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit DE-260 as quickly as possible:

1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form DE-260, and when in doubt— consult a qualified trust & estates lawyer for that area.

Report Of Sale And Petition For Order Confirming Sale Of Real Property is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form DE-260 - Report Of Sale And Petition For Order Confirming Sale Of Real Property f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Report Of Sale And Petition For Order Confirming Sale Of Real Property is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on California Form DE-260 - Report Of Sale And Petition For Order Confirming Sale Of Real Property. You can use this to get an idea of the context of the form and what type of information is needed.

confirmation of sale of the estate's interest in other property sold as a unit as described in Attachment 2c. DE-260/GC-060 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF DECEDENTCONSERVATEEMINOR REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE OF REAL PROPERTY and Sale of Other Property Sold as a Unit Petitioner (name of each): is the purchaser (30 days have passed since the sale) (Attach supporting declaration (Prob. Code, § 10308(b).) and requests a court order for (check all that apply): % of the amount of: $ is not required.additional bondis fixed at: $ Description of property sold 100%% Undivided (specify): ImprovedUnimproved Real property sold as a unit with other property (describe in Attachment 2c). Street address and location (specify): Legal description is affixed as Attachment 2e. Appraisal Date of death of decedent or appointment of conservator or guardian (specify): Appraised value at above date: $ Amount includes value of other property Reappraised value within one year before the hearing: $ has been filedwill be filed Manner and terms of sale attorney for the personal representative.personal representativePurchaser is theb. Sale wasprivate Deposit: $ Amount bid: $ PaymentCash Credit (specify terms on Attachment 4e.) Other terms of sale (specify terms on Attachment 4f.) Mode of sale specified in will. Petitioner requests relief from complying for the reasons stated in Attachment 4g. Terms comply with Probate Code section 2542 (guardianships and conservatorships). REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE OF REAL PROPERTY (Probate—Decedents' Estates and Guardianships and Conservatorships) Form Adopted for Mandatory Use Judicial Council of California DE-260/GC-060 [Rev. January 1, 2006] Appraisal or reappraisal by probate referee Name of purchaser and manner of vesting title (specify): Interest sold: (Name): ESTATE CONSERVATORSHIP GUARDIANSHIP OF ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FAX NO. (Optional):TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Page 1 of 2 1. 2. 3. a. b. c. d. 4. a. e. Probate Code, §§ 2540, 10308 www.courtinfo.ca.gov confirmation of sale of the estate's interest in the real property described in Attachment 2e approval of commission of (specify): personal representativeconservator a. b. c. d. a. b. c. d. sold as a unit. (If more than one year has elapsed from the date in item 3a to the date of the hearing, reappraisal is required.) c. d. e. public on (date): f. g. h. STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: guardian of the estate of the decedent, conservatee, or minor has been waived by order dated: CASE NUMBER: HEARING DATE AND TIME:DEPT.: CASE NUMBER: Commission Sale without brokera. contract for commission was entered into with (name): exclusivenonexclusive b. A written Purchaser was procured by (name): c. d. Bond none.Amount before sale: $ none. Proceeds are to be deposited in a blocked account. Receipts will be filed. (Specify institution and location): Notice of sale Posted as permitted by Probate Code section 10301 ($5,000 or less) Published Notice of hearing Personal representative, conservator of the estate, or guardian of the estate: Special notice: Formula for overbids Reason for sale (need not complete if item 7b or 7c checked) Necessary to pay a. The sale is to the advantage of the estate and in the best interest of the interested persons. b. Overbid. Required amount of first overbid (see item 10): $ Number of pages attached: Date: * (Signature of all petitioners also required (Prob. Code, § 1020).) (SIGNATURE OF ATTORNEY*) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF ATTORNEY) (SIGNATURE OF PETITIONER) (TYPE OR PRINT NAME OF PETITIONER) REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE OF REAL PROPERTY (Probate—Decedents' Estates and Guardianships and Conservatorships) DE-260 GC-060 [Rev. January 1, 2006] Page 2 of 2 Commission is to be divided as follows: Additional amount needed: $ Special devisee: a licensed real estate broker who is not buying for his or her account. 5. 6. 7. 8. 9. 11. a. b. 12. 13. debts devise family allowance expenses of administration taxes (1) (2) (3) (4) (5) (1) (2) (3) None requested. Has been or will be waived. Required written notice will be given. (1) (2) (3) None. Consent to be filed. Written notice will be given. c. (1) (2) (3) Petitioner (consent or notice not required). Consent to be filed. Written notice will be given. Will authorizes sale of the property Will directs sale of the property a. b. c. Petitioner's efforts to obtain the highest and best price reasonably attainable for the property were as follows (specify activities taken to expose the property to the market, e.g., multiple listings, advertising, open houses, etc.): 10. Original bid: 10% of first $10,000 of original bid: 5% of (original bid minus $10,000): Minimum overbid (a + b + c): a. b. c. d. $ $ $ $ a. b. c. ESTATE CONSERVATORSHIP GUARDIANSHIP OF (Name): DE-260/GC-060