PROBATE & ESTATE LIQUIDATION

---

Probate is the court-supervised process used to administer and distribute a deceased person’s estate when required by law. A personal representative—typically an executor or administrator—is appointed to identify assets, address debts and obligations, manage estate property, and distribute the remaining assets to beneficiaries.

That responsibility often includes the contents of the home.

Furniture, artwork, antiques, collections, jewelry, household goods, vehicles, and other personal property may all be part of the estate and should be handled carefully before anything is sold, donated, removed, or distributed.

Why Probate May Be Required

Probate may be required when a person dies leaving assets that cannot automatically pass to another owner or beneficiary.

Common reasons include:

• the person died without a will
• assets were held solely in the deceased person’s name
• no beneficiary was designated for certain accounts or property
• the estate needs a court-appointed representative to manage or sell assets
• creditors and outstanding obligations must be addressed
• beneficiaries or heirs need to be legally determined
• disputes arise over the will, ownership, or distribution of property

A valid will can direct who should receive property, but it does not necessarily eliminate probate. Assets held in a trust, jointly owned property, and accounts with named beneficiaries often transfer outside the probate process.

When an Estate Sale Becomes Appropriate

Once the personal representative has the legal authority to act, an estate sale can be an efficient way to liquidate personal property that will not be retained by beneficiaries.

Before the sale begins, the estate should first identify and remove:

• specifically bequeathed property
• family photographs and personal documents
• financial and legal records
• valuables requiring separate handling

The remaining property can then be evaluated, organized, priced, marketed, and sold.

The Role of a Professional Estate Sale Company

A professional estate sale company does more than clear a house.

The objective is to identify marketable property, present it effectively, attract qualified buyers, maximize proceeds where practical, and create an orderly process for the estate.

Mercanti manages the liquidation from preparation through completion, including research, pricing, merchandising, marketing, public sale, secondary sales, charitable donations, and final removal coordination. 

Preparing the Property for Its Next Stage

Estate liquidation is often closely connected to the eventual sale of the residence.

Once the contents are resolved, the property can move forward to cleaning, repairs, staging, photography, and listing without the estate’s personal property delaying the process.

Mercanti works with executors, administrators, trustees, fiduciaries, attorneys, families, and real estate professionals throughout the San Francisco Bay Area.

Who Can Hire an Estate Sale Company During Probate?

When an estate is in formal probate, the decision to hire an estate sale company generally belongs to the 

court-appointed personal representative—the executor named in the will or the administrator appointed by the probate court. Once appointed, that person is responsible for managing the estate’s assets and carrying out the duties of administration. (Self-Help Center⁠)

Before Mercanti can conduct a sale, the representative should confirm that they have authority to sell the estate’s personal property. In some California probate cases, the representative may have sufficient authority under the court’s order and applicable probate powers; in others, court approval may be required. California courts provide a specific procedure for requesting approval to sell personal property when necessary. (Self-Help Center⁠)

Beneficiaries and family members do not necessarily have equal authority to choose the estate sale company. If one heir prefers Mercanti and another prefers a different company, the controlling decision generally rests with the legally authorized personal representative, subject to the representative’s fiduciary duties, any limits imposed by the court, and the terms of the estate plan.

If two people have been appointed to represent the estate together, California Courts notes that they generally must act together. In that situation, both representatives may need to agree before hiring an estate sale company. (Self-Help Center⁠)

Mercanti therefore typically needs to work directly with the person who has legal authority over the estate and, when appropriate, may request documentation confirming that authority before beginning the liquidation.

If you are responsible for settling an estate, Mercanti offers a Complimentary Estate Evaluation.

Why Probate Is Often Best Avoided

When possible, many families choose to structure an estate so that major assets can pass outside formal probate.

The reason is straightforward: probate can be slow, public, and expensive. In California, the court process can take many months, and the estate may incur court costs, attorney fees, executor fees, appraisal expenses, and other administrative costs. California Courts notes that even a relatively straightforward probate commonly takes at least nine months. (Self-Help Center⁠)

Probate can also delay access to property and proceeds while the estate moves through court-supervised administration.

Common estate-planning tools that may allow assets to pass outside probate include living trusts, beneficiary designations, joint ownership with rights of survivorship, payable-on-death accounts, and certain transfer-on-death arrangements. California also provides simplified procedures for some smaller estates. (Self-Help Center⁠)

For many families, proper estate planning can mean a faster, more private, and less burdensome transfer of property after death. The appropriate structure depends on the individual estate and should be established with qualified legal guidance.

This article is for general informational purposes only and is not legal advice. Probate requirements and a representative’s authority can vary by estate.