Estate Sale Terms and Conditions

Please read the following carefully.  

The Public Administrator/Guardian office will be listing probate properties through the Multiple Listing Services (MLS). Each property will be on a SentriLock lockbox.  Please contact a broker or real estate agent of your choice to view each property.

The successful buyer MAY be subject to two different legal processes.

Notice of Proposed Action

A noticing procedure called; “Notice of Proposed Action” (NOPA) may be utilized in place of court confirmation. The (NOPA) allows the administrator of the estate to advise all noticed parties that the sale of real property has taken place with a description of the price and terms of sale. This procedure allows the administrator to move more quickly through the legal process in obtaining acceptances from all noticed parties. If the (NOPA) is utilized, a petition to the court to confirm the sale will not take place. This would eliminate the over-bid procedure inherent to the court confirmation process.

Court Confirmation

A 10% of sales price non-refundable deposit will be required upon winning the offer.  The 10% non-refundable deposit must be in the form of cash, cashier’s check, or certified check payable to the “Public Administrator”. The sale of each property is contingent on the estate’s being able to furnish the buyer a Policy of Title Insurance showing the property to be free of any encumbrances of record, subject to restrictions and easements of record. Termite clearance will NOT be given. A probate purchase contract and a deposit receipt will be given to the successful offer on the day of submission of deposit.    

Please be advised that you are basing your purchase of an offered property solely on your findings and research, that you have satisfied yourself as to the zoning, usage’s, physical condition inside and out, size and other information that might affect your decision to purchase this property.  You understand that you are buying this property in “AS IS” condition with no warranties, usage’s or conditions, (physical or otherwise), written, implied or expressed by the San Diego County Public Administrator’s Office and its agents or employees.

A real estate broker or agent who represents a buyer will generally receive a commission of 2.5% of the purchase price, awarded by the court.  Commission will be paid at the close of escrow. 

The San Diego County Probate Referees appraise all listed properties.  Referees are assigned to each estate by the Superior Court of California, and are not affiliated with the Public Administrators office.

All descriptions and information are derived from reliable sources, but no guarantee is expressed or implied.  Announcements made on the day of sale will take precedence.

Additional Information:

If you have additional questions, please call (858) 694-3500 or email