This is also another type of sale where a "higher entity", namely the Court, will be involved in the process of the sale which is governed by the Probate Code.

Often, these properties may need some repair or have some type of deferred maintenance issue.  The owner's financial circumstances and other life situations often prevented them from standard property maintenance, and they may not have left a will, or they will may be a source of dispute among heirs. So when the property is ultimately put on the market, the buyer may be submitting an offer that is negotiated with the personal representative of the decedent's estate, or it must submitted to the Court to be dealt with on the Court's schedule. Typically, it may take 30-60 days for a Court hearing for the sale before even starting escrow. When dealing with a personal representative who has the authority to negotiate without a court hearing, a buyer may expect a more "normal" escrow time of 30-45 days.

Buyers may feel they are getting a "deal" when bidding on such a property, however, there is an "overbid" process in Court confirmation transactions, and like any property if listed at a very advantageous price, it may attract other buyers.

Sellers of probate properties are not required to provide the Transfer Disclosure Statement (although they are not excluded from disclosing materials facts), so a buyer may not be able to find out or expect answers about certain conditions in the home other than through their own inspections. The buyer should usually not expect the seller of a probate property to perform repairs once it's put on the market--they are "as-is"--so the buyer should obtain their own cost estimates, if necessary, for future work.

Offers are submitted, when using a Realtor, on specific forms for probate properties, and require at least 10% down payment for court-confirmation properties, with no contingencies to sell other property first. Court confirmation properties require offers to be 90% of the appraised value, so buyers can really forget making lowball offers in these circumstances. A seller with full authority to sell without court supervision has more freedom, however, in accepting terms and conditions, so knowing the circumstances concerning seller supervision are important for a buyer to know prior to making an offer.  The personal representative with full authority to act, given by the Court, generally can respond more to the prevailing market forces when negotiating with a buyer.