yun-tong-homes

Q&A with a Trust & Probate Attorney on Bay Area Real Estate

Mon, 16 Mar 2026 21:45:15 GMT

As a real estate agent specializing in trust and probate transactions, I am frequently asked questions from clients about the process. For this article, I asked Phillip Campbell, a trust & probate attorney of Campbell Green LLP, common questions my clients ask.

Who has the authority to sign the listing agreement, accept offers, and execute the final sale documents of a decedent's house?

The answer depends on whether the decedent had a revocable living trust with a 'pour-over' will, a simple will without a trust, or no trust and no will. If the decedent had a revocable living trust the successor trustee has the power to sell the decedent's house. The successor trustee named in the trust is responsible for administering the terms of the trust, which includes the authority to sell the house. Typically this can be done without going to Court. If the decedent left a simple will without a trust or died without a will, then the person nominated as executor in the will, or if no will any close relative or interested person, must petition the Court to open a Probate Administration Case and be appointed by the Court as Personal Representative of the Estate. The appointed Personal Representative has the authority to sell the house subject to the Probate Laws and Rules of the Court. Whether the decedent died with a trust, a simple will, or without a will it is recommended that you seek the help of a trust and estate attorney.

What is the difference between the Personal Representative having 'full' or 'limited' authority?

Under the California Independent Administration of Estates Act the Court Appointed Personal Representative of the Estate is designated as having 'full' or 'limited authority'. Limited authority requires that the Personal Representative get the permission of the Court sign a listing agreement or sell the house. This requires several court hearings through out the process of selling the house. Full authority allows the Personal Representative to perform all the duties of selling the house without advanced permission of the Court, but rather the personal Representative must provide all the heirs and devisees with written notice of the actions proposed to be taken and an opportunity for them to object to the proposal.

Can You Sell a Home Before Probate Fully Finishes in California?

Yes, Selling the decedent's home is part of the probate process in California. The Court Appointed Personal Representative must report back to the Court details about the sale of the home, including reporting the final financial information about the sale.

What is the new law about selling a property valued under $750,000?

The State of California recently updated an old law that allowed families to transfer a real property to the decedent's heirs or devisees without a full probate to include properties that are valued less than $750,000. When a decedent dies with a simple will (no trust) or without a will, the heirs or devisees may go to Court and file a Petition to Determine Succession to Real Property rather than a full Probate. At the end of this simplified process the heirs or devisees will be the owners of the home and then they sell it as a group. Then all of the new owners (for example all of the decedent's children) have to agree and sign on all steps of the process. Everyone must sign the listing agreement, the sales contract, and the closing paperwork.

About the Attorney

Q&A courtesy of:
Phillip Campbell
CAMPBELL GREEN LLP
1970 Broadway, Suite 625
Oakland CA 94612
(510) 832-0742

North Berkeley's Peak Real Estate Selling Season for 2026

Tue, 10 Mar 2026 21:45:17 GMT

This is what we refer to as the North Berkeley. It is a desirable neighborhood in Berkeley with many beautiful craftsman-style homes, brown-shingle homes, and contemporary homes.

Selling a home during the peak real estate selling season is a no-brainer; one wants to sell in a market with many buyers. Spring and early summer have consistently been the peak selling seasons in North Berkeley since 2008. Peak season drives demand higher than at other times of the year. More qualified buyers are on the market, motivated to buy and close before school starts by the end of July and early Aug. (Alameda School District Calendar 2026 - 2027 https://www.alamedaunified.org/family-resources/district-calendar). Put ourselves in the buyers' shoes.

There are many approaches sellers take to selling a house:

1. Selling as-is: there are a lot of real estate investors (we call them flippers) looking for projects in this neighborhood. They can turn a dated house around and make a decent profit on resale.

Pro: less stress to the sellers. This might be a good way to sell, as the number of real estate investors seeking projects is increasing.

Con: The seller might not get the best price. It is a treat off between stress and value.

Having a good realtor is crucial when selling fixers; you want to have the right person to negotiate among the investors, getting you the best price.

2. Selling the house in a Moving in Condition: this is to do some necessary repairs, making sure the house has no structural issues, great curb appeal, and leave the last 15% of updates to the new buyers to personalize to their desire.

Pro: The seller will get the higher end of the market value of the house.

Con: It takes time from a couple of months to a year, an upfront investment, and project management.

Some of the homes are well-maintained, with many updates in the last five years. These kinds of houses take the minimum amount of prep work and attract the right buyers for the highest selling price.

What the first quarter of 2026 tells us so far is that the market in the North Berkeley area is hot. Many buyers are looking to secure a house in the area and are willing to pay top dollar to compete for the right property. It is a good time to sell, whether the house is a fixer or in better condition.

How Real Estate Transactions Involving Divorce Work

Mon, 23 Feb 2026 21:45:18 GMT

As a real estate agent specializing in helping people during divorce, I know there is no easy divorce – that's for sure. Conversations involving divorce real estate can be tough. Some divorces have better controlled processes, while others may have a lot of emotions associated with it.

What Does a Typical Divorce Real Estate Transaction Look Like?

A typical real estate transaction during a divorce could be selling the house both former partners lived in and then purchasing two homes for the individuals to live in separately. Divorce real estate does not always involve selling a house. In situations where an individual will stay in a home while the former partner moves to another home post-divorce, the real estate needs often involve concerns including (a) where someone lives and (b) how to make that living situation better for them and their children given the financial constraints from divorcing.

Considering the Needs of Children

When considering real estate transactions involving a divorce, it is important to consider the needs of all those involved, including children. At a minimum, a good real estate transaction will at least create short term stability for any children involved. Since divorce is a very emotional experience, it does help to hire a family attorney.

Community Property and Working with Both Parties

Since California is a community property state, a real estate agent will need to work with both parties to gain agreement on any transactions, and both parties will need to sign disclosures, listing agreements, etc. Best practices is for a realtor to copy all parties on all communications.

Timing Your Listing During a Divorce

Divorces happen at all times during a year, but an important consideration is listing timing, especially considering the real estate peak seasons, which in most of the Bay Area are from February to June and August to October.

Important Tax Considerations

Make sure to involve a tax professional when doing a real estate transaction during a divorce, because there are important financial considerations. When selling a house as a couple, the couple gets capital gains tax exclusions of two people, which totals $500,000. However, when selling a house as a single person (post-separation), the capital gains tax exclusion is 250,000.

Privacy and Working with a Divorce Real Estate Specialist

Privacy is often very important to people during a divorce and individuals can tell their real estate agent not to disclose that the reason for selling a home is divorce. It helps to have a realtor who specializes in divorce and is experienced on helping people navigate through a difficult situation. Please schedule a consultation if you have any questions.

When Is The Best Time To Downsize?

Tue, 10 Feb 2026 08:58:52 GMT

In order to downsize, the seller needs to identify where they will live after moving out of their house.

The best time to move is when a seller is still able to make decisions rather than have the decisions made for them due to medical reasons.

To downsize usually involves: a financial advisor, a real estate senior rightsize specialist, a home organizer and mover, and sometimes it also involves a home care placement agency or a care home placement specialist. Over the years, I have worked alongside many reputable professionals in senior services. I am happy to be a resource share the network of professionals with anyone who can help you with the rightsizing process.

Contact Yun Tong for an initial consultation: Consultation Request