1.     How can I find out whatproperty is available for sale?
2.     How do I place a bid on property currently for sale?
3.     How does the Public Administrator set a value or sales price on real and personal property?
4.     How does the Public Administrator sell personal property?
5.     How does the Public Administrator sell real property?
6.     What is meant by "highest and best" bid?
7.     What is meant by a "formal petition to the Court for confirmation of sale"?
8.     How does the Public Administrator arrange for viewing of personal property?
9.     What are the terms of sale?
10.     What is meant by "As-is"?
11.   What happens when my bid is selected?
12.   What is an "ex-parte petition"?
13.   What happens if I am unable to complete a sale?
14.   Are Public Administrator staff permitted to bid on estate property?

Q.     How can I find out whatproperty is available for sale?    

A.     To find out what property is available for sale:

• visit our website, or
• submit stamped, self-addressed envelopes and indicate the type of property you may be interestedin purchasing. When property within your area of interest becomes available for sale, invitations to bid will be sent to you.

Q.     How do I place a bid on property currently for sale?    

A.     Bid forms are available on our website and can be obtained from the individual property listings in which you may be interested. In order to save time each form is pre-populated with information about the item for sale.

         Click here for a listing of Personal Property currently for sale and to obtain a property bid form.

         Click here for a listing of Real Property currently for sale and to obtain a property bid form.

Q.     How does the Public Administrator set a value or sales price on real and personal property?    

A.     All real property is appraised for sale by the Probate Referee.

All personal property that is part of a Formal proceeding (one which requires Court approval and hearing for all activities) is appraised by the court appointed Probate Referee.

The deputy assigned to the case will conduct research to determine the value of many items. Items beyond their expertise to value are appraised by professionals in that area of expertise (i.e. jeweler, coin broker).

Q.     How does the Public Administrator sell personal property?    

A.     The Public Administrator sells personal property using a sealedbid process.

Bids on personal property are accepted for a two week period and may be extended at the discretion of the deputy handling the sale.

Upon the close of bidding, the highest and best bid is selected. Sales of property from Formal estates and all property valued at greater than $5,000 require a petition for confirmation of sale and subsequent hearing.

Click here for a listing of Personal Property currently for sale and to obtain a property bid form.

Q.     How does the Public Administrator sell real property?    

A.     The Public Administrator, under supervision of the Superior Court, sells real property using a sealed bid process.

We contract with a licensed broker to market and show the property to interested persons. Bids on real property are accepted for a four week period and may be extended at the discretion of the deputy handling the sale.

Upon close of bidding, the highest and best bid is selected and a formal petition for confirmation of sale is filed with the Court and a hearing is scheduled.

Click here for a listing of Real Property currently for sale and to obtain a property bid form.

Q.     What is meant by "highest and best" bid?    

A.     Simply put, it is the bid that gives the highest net return to the estate (i.e. purchase price less expenses).

Q.     What is meant by a "formal petition to the Court for confirmation of sale"?    

A.     In all Formal probate proceedings (those estates exceeding $100,000 in gross value), and when real property is being sold (regardless of the size of the estate) the Public Administrator must make a formal petition to the Court to approve the sale. A public hearing is set whereat any objections to the sale may be lodged and the Court opens the sale one final time to ensure the highest bid has been received. Once the Court is satisfied that there are no objections to the sale and the highest bid has been received, the sale is confirmed by order of the Court.

Q.     How does the Public Administrator arrange for viewing of personal property?    

A.     Personal property may be viewed by appointment only. Contact the Public Administrator at (909) 387-6249 for an appointment.

Q.     What are the terms of sale?    

A.     All items, real and personal, are sold as-is for cash only. In the case of real property, buyers are allowed the escrow period to obtain financing. During escrow, the Public Administrator will do no work nor allow any work be done to the property to meet the requirements of lenders.

Q.     What is meant by "As-is"?    

A.     All property is sold in the condition it was in, when the Public Administrator took control or possession. We make no representations or warranties on any estate property, real or personal. Buyers must rely on their own inspection in all cases.

Q.     What happens when my bid is selected?    

A.     In Formal probate proceedings, Court confirmation of all sales is required. All real property requires a formal hearing to obtain the Court confirmation. Only personal property valued at greater than $5,000 requires a formal petition to the Court for confirmation of sale. Notice is given to all parties with an interest in the estate, to those who placed a bid on the property and to those who have requested a Special Notice. The hearing is generally held four to six weeks after the close of bids. At the confirmation hearing, overbidding of an offer is allowed under statute and may result in someone else "winning" the bid. If you are outbid, any deposits you have made will be returned to you. After Court approval, escrow is opened with a title company of the Public Administrator’s choosing. Escrow is generally set for 30 days. Personal property valued less than $5,000 can be confirmed by the Court via ex-parte petition.

Q.     What is an "ex-parte petition"?    

A.     This is a petition made to the Court to confirm an action of the administrator without a formal hearing in open Court. Notice is still given to all parties with an interest in the estate and to those who have requested a Special Notice.

Q.     What happens if I am unable to complete a sale?    

A.     Once confirmed in Court, an estate sale is legally binding. Any deposits you may have made will be held pending resale of the property. The Court will rule at the subsequent sale’s confirmation hearing if part or all of the deposit shall be returned. You may be held liable for any and all damages or loss to the estate at the discretion of the Court.

Q.     Are Public Administrator staff permitted to bid on estate property?    

A.     No. Public Administrator staff may not bid on or buy estate property. Substantial financial penalties and potential prison terms shall be sought against any staff member who violates this rule.