If you own real estate in Marin County, estate planning isn’t just paperwork — it’s preparation.

It’s about protecting your family, minimizing confusion, and making sure a home transitions the way you intend when life changes.

This guide explains the basics of wills, trusts, probate, and probate home sales — in plain English.

Wills: Your Written Instructions

A will outlines who should receive your assets and who will manage your estate after death.

In California, even if you have a will, your estate may still go through probate — the court-supervised process that distributes assets.

For homeowners, this matters because:

• If your home is titled in your personal name, probate may be required

• Probate can add time, cost, and public exposure

• Family members may face delays before decisions can be made

A will provides direction. It does not automatically avoid court involvement.

Trusts: Planning for Simplicity

A revocable living trust is one of the most common tools used by California homeowners.

When properly established and funded, a trust can:

• Help avoid probate

• Provide continuity if you become incapacitated

• Keep estate matters private

• Reduce delays for family members

One important note: a trust only works as intended if assets are properly titled into it. Many families believe they have a trust in place, but the home was never transferred into the trust.

The difference matters.

Probate in Marin County

Probate is the legal process used to validate documents and distribute assets when someone passes away.

In Marin County, probate cases are handled through the Superior Court. The process can take months — sometimes longer — depending on complexity.

Families often care most about:

• Time — probate can extend the timeline before a home can be sold

• Cost — statutory fees are based on estate value

• Privacy — probate filings become part of the public record

Probate isn’t “bad.” It’s simply structured and procedural.
But it does change how and when real estate can be sold.

Probate Home Sales in California

If a home is part of a probate estate, the sale process may look different than a traditional sale.

There are generally two paths:

1. Court-Confirmed Probate Sale

The court reviews and approves the sale. In some cases, other buyers can appear at a confirmation hearing and submit higher overbids. This adds an additional layer of timing and structure.

2. Independent Administration (IAEA)

If the personal representative has full authority under the Independent Administration of Estates Act, the home may be sold without formal court confirmation — though specific notice requirements still apply.

The details matter. Every estate is different.

Common Questions Families Ask

• Is the home in a trust, or will it require probate?

• Does the estate require court confirmation for sale?

• How should the property be prepared given the timeline?

• What happens if heirs disagree?

• When is the right time to list?

Estate situations often involve both legal structure and family dynamics. Clarity reduces stress.

You Have All the Control

If you’re planning ahead — or navigating a trust, estate, or probate situation right now — there’s no pressure to make decisions quickly.

You deserve information first.

If it would be helpful to talk through your specific situation, I’m here as a resource. No agenda. No obligation.

You have all the control. I’m here to support you when you’re ready.