Conservatorship Real Estate Sales in Los Angeles

A conservatorship is a legal arrangement where a court appoints a person or organization to manage the financial affairs and property of someone who is no longer able to do so due to age, illness, or incapacity. In California, this is established through the probate court. The person appointed is called the conservator, and the protected individual is known as the conservatee. When real estate is involved, selling property under conservatorship requires court authorization to ensure the sale serves the conservatee’s best interests.

What Is a Conservatorship Sale?

A conservatorship sale occurs when a property owned by a conservatee must be sold to provide for their care or manage their estate. Because the property belongs to a legally protected individual, all sales are supervised by the probate court. The goal is to confirm the sale is fair, transparent, and beneficial to the conservatee. The process includes formal petitions, appraisals, public notice, and a court confirmation hearing, similar to probate sales that occur when a person passes away.

How a Conservatorship Sale Works

To sell a conservatorship property, the conservator must file a petition with the probate court explaining why the sale is necessary, such as to pay for medical care or because the conservatee will no longer live in the home. The court typically requires independent appraisals to determine the property’s fair market value. Once approval is granted, the property can be listed with a qualified real estate agent who specializes in conservatorship and probate sales. After an offer is accepted, the attorney files a Petition for Sale and Order Confirming Sale of Real Property, and a hearing date is set. At the court confirmation hearing, the judge reviews the terms of the sale and may allow overbidding to ensure the conservatee receives the highest possible value. Once confirmed, the sale proceeds through escrow, and funds are deposited into the conservatorship estate under court supervision.

Steps to Sell a Home in Conservatorship

1. Confirm that you are the legally appointed conservator with authority to manage the conservatee’s finances and property.

2. File a petition for authorization to sell real property with the probate court, explaining the reasons for the sale.

3. Obtain one or more independent appraisals to establish market value.

4. After receiving court permission, list the property with a real estate agent experienced in conservatorship sales. Contact us.

5. Review offers and select the most favorable one for the estate.

6. Have your attorney file a petition to confirm the sale, and attend the court hearing where overbidding may occur.

7. Once approved by the judge, proceed to close escrow, with proceeds directed to the conservatorship estate.

Because conservatorship sales involve court oversight, every step must comply with legal requirements. Working with an agent who understands probate and conservatorship sales ensures the process moves efficiently and correctly.

How to Prepare the Petition to Sell Conservatorship Property

To obtain court approval, the conservator must prepare a detailed petition that clearly outlines the request. The petition should include:

• Proper title such as “Petition for Authorization to Sell Real Property in Conservatorship.”

• Names of the conservator, conservatee, and any interested parties (such as heirs or beneficiaries).

• A full legal description of the property and parcel number.

• The reason for the sale and how it benefits the conservatee.

• Copies of independent appraisals supporting the property’s fair market value.

• Proposed sale terms or a purchase agreement if an offer exists.

• References to applicable California probate statutes and conservatorship laws.

• A formal request for court hearing and order to authorize the sale.

All supporting documents, including the Letters of Conservatorship, appraisals, title report, and notices to interested parties, must be attached. After submission, the court schedules a hearing where objections can be made. If approved, the court issues an Order Confirming Sale, allowing the conservator to proceed.

Documents Typically Required by the Court

• Petition for Authorization to Sell Real Property

• Letters of Conservatorship confirming authority

• Legal property description and parcel number

• Independent appraisals establishing fair market value

• Proposed purchase agreement or sale terms

• Notice of Proposed Action sent to heirs and interested parties

• Supporting property records such as tax statements or title report

• Any previous court orders related to the conservatorship

• Additional disclosures required by local probate court

These documents allow the court to verify that the sale is properly justified, fair to the conservatee, and compliant with California law.

When a Conservatorship Is Necessary

A conservatorship may be required when a person suffers from mental or physical conditions that prevent them from managing their own affairs, and no one else has legal authority to assist. The court appoints a conservator only after a thorough evaluation, including medical evidence and testimony confirming the person’s incapacity. Once approved, the conservator receives Letters of Authority empowering them to act on the conservatee’s behalf in managing assets, care, and real property.

Duties of the Conservator

The conservator must act as a fiduciary, managing the conservatee’s finances, assets, and well-being with honesty and care. This includes maintaining detailed accounting of all transactions, ensuring the conservatee has appropriate housing, healthcare, and oversight, and reporting to the court regularly. If real property needs to be sold or rented, the conservator must always seek court approval to ensure transparency and protection for the conservatee.

Why Work With Philippe Properties

Selling real estate under a conservatorship is complex and requires both legal precision and market expertise. At Philippe Properties, we specialize in probate, trust, and conservatorship real estate sales across Los Angeles. We coordinate directly with attorneys, fiduciaries, and court-appointed representatives to ensure each sale meets court requirements while achieving the best possible financial outcome for the conservatee or estate.

We handle every detail, from obtaining appraisals and preparing documentation to marketing the property to qualified buyers and managing the court confirmation process. Our goal is to streamline the experience, minimize stress, and protect the client’s best interests throughout the transaction.

If you need guidance with a conservatorship or probate property sale, you can contact Philippe Properties today. We’ll help you navigate the legal process with clarity and confidence while maximizing the property’s market value.