Offers or bids on estate real property must be in writing. (See, for example, C.A.R. Standard Form PPA, Probate Purchase Agreement and Joint Escrow Instructions.)Many other purchase contracts are not specifically tailored to probate sales, but may be used. However, the contract should indicate that:
- The title to be conveyed is whatever the estate holds;
- The sale is subject to court confirmation;
- If applicable, the property is sold “as is”;and
- The total commission will be in an amount set by the court and will be paid only from the sale proceeds, whatever sum may be allowed by the court.