(Public Guardian Information) (About the Public Guardian) (Department Goals) (Sales)
SALES
To Whom it May Concern:
As Public Administrator/Public Guardian-Conservator for the County of San Bernardino, it often becomes necessary to liquidate the estates of decedents and conservatees who were or are residents of this County. The information contained in this Web site provides a summary of the procedures used by our respective Departments to liquidate such property.
We have established a Sales Team to handle all sales of real and personal property for both Public Administrator and Public Guardian-Conservator.
If after reading the following information you desire further information regarding sales procedures, you may contact the Sales Department Monday through Friday, 8:00 a.m. to 5:00 p.m. at (909) 387-2547 for Public Guardian and (909)387-2538 or (909)387-3328 for Public Administrator.
It is our goal for all persons to be treated with dignity and respect while providing quality and cost-effective services to the people of San Bernardino County.
Sincerely,
Richard N. Larsen, Mary Sawicki,
Public Administrator Public Guardian-Conservator
1. How do I find out about real or personal properties for sale?
2. What Kind of properties do you sell?
3. What determines the sales price of personal or real property?
4. Do you finance?
5. What is meant by the term "as-is"?
6. What is the bidding procedure?
7. How do I get to see property for sale?
8. Can I use a broker to handle my purchase?
9. What happens if my bid is accepted?
10. Can I bid at the Court Hearing?
11. What happens if I am unable to complete the sale?
12. How long does it take before I can take possession of property I have purchased?
13. Can Public Administrator/Public Guardian-Conservator staff buy from the estates?
It is the goal of the Public Administrator/Public Guardian-Conservator to treat all persons fairly and equitably while protecting the fiduciary interests of the estate managed by his staff. Please do not hesitate to contact the Sales Department, at (909)387-2547, Monday through Friday, 8:00 a.m. to 5:00 p.m. if you have any questions or concerns regarding sales procedures.
Q. How do I find out about real or personal properties for sale?
A. To receive information on either real or personal property, you may provide the Sales Department with a supply of business size, self-addressed, stamped envelopes. Be sure to indicate what type of property you are interested in. The Sales Department will mail you information on what is currently available for sale. Information on all property is posted in the lobby of the Public Administrator/Public Guardian-Conservator Department. Personal property is posted in the County Courthouses of San Bernardino County at San Bernardino and Rancho Cucamonga. Personal property notices are also posted in the Public Administrator/Public Guardian-Conservator Warehouse.
Q. What kind of properties do you sell?
A. The Public Administrator/Public Guardian-Conservator may sell any asset found in the personal possession of one of his decedents or conservatees, subject to court approval. In the past this has included such items as real property, both improved and unimproved, mobile homes, automobiles, jewelry, miscellaneous household furnishings and personal effects, boats, trust deeds, etc.
Q. What determines the sales price of personal or real property?
A. The majority of estate assets are appraised by the court-appointed Probate Referee of the State of California. The appraised value then becomes the "asking price." Interested persons may then submit bids, with the Public Administrator/Public Guardian-Conservator looking for the highest and best bid within court guidelines under the Probate Code, which states we may accept nothing less than 90% of the current appraised value.
A. All sales are for cash, in "as-is" condition. All sales are subject to court confirmation and are legally binding once confirmed. It is strictly the responsibility of the buyer to provide the funds necessary to close the sale.
The Public Administrator/Public Guardian-Conservator tries to make allowances for buyers to obtain financing; however, the Department cannot and will not do anything to assist. Public Administrator/Public Guardian-Conservator will pay no points or costs in connection with a loan of any type. Furthermore, no work may be done to any property sold in "as-is" condition for cash.
FHA/VA generally requires work and documentation the Public Administrator/Public Guardian-Conservator cannot comply with, therefore it is recommended that an FHA/VA loan not be sought.
Public Administrator/Public Guardian-Conservator asks for a 30-day escrow, at the end of which, if not closed, it is his option to seek to vacate the sale.
Q. What is meant by the term "as-is"?
A. All real and personal properties are sold in the condition they were in when the Public Administrator/Public Guardian-Conservator was appointed to administrate the estate. Public Administrator/Public Guardian-Conservator makes no representations or warranties on any properties sold. The buyer must rely on his own inspection in all cases. Public Administrator/Public Guardian-Conservator has obtained no information on zoning, redevelopment plans or so forth. This information can be obtained by the interested party from the appropriate County agency.
Q. What is the bidding procedure?
A. All sales are conducted as a sealed-bid auction. Personal property is open for bids for a two-week period. Real property is open for bids for a four-week period. Both are subject to the discretion of the Public Administrator/Public Guardian-Conservator Department.
Bid forms may be obtained at the Public Administrator/Public Guardian-Conservator Department, by mail or by phone request. Any bid submitted on property appraised at over $1,500.00 must be accompanied by a 10% deposit check which is held and returned if yours is not the successful bid. All bids must be in the Public Administrator/Public Guardian-Conservator Department and time-stamped prior to 5:00 p.m. of the established bid closing date. No bid received after 5:00 p.m. of the bid closing date will be considered.
All bids are kept confidential. No information will be released specific to any bid or regarding the number of bids received.
Q. How do I get to see property for sale?
A. Almost all personal properties are stored at the Public Administrator/Public Guardian-Conservator Warehouse. Personal properties, including automobiles, are available for viewing by appointment only. To make an appointment, contact the Warehouse at (909) 387-2510.
Real properties are also available for viewing by appointment only during regular business hours. To make an appointment, contact the Sales Department at (909) 387-2547.
No one other than a Public Administrator/Public Guardian-Conservator staff member or representative may show the properties.
Q. Can I use a broker to handle my purchase?
A. While it is not usually necessary to use a broker, the Court will at times approve a commission to licensed brokers on the sale of real property or mobile homes. Commissions are always subject to Court confirmation.
Q. What happens if my bid is accepted?
A. When the bidding period closes, and the Public Administrator/Public Guardian-Conservator has selected your bid as highest and best bid, the Sales Department will notify you. Once your bid has been confirmed by phone, the Public Administrator/Public Guardian-Conservator will deposit your 10% deposit check into a holding account pending the Court Confirmation Hearing.
The Public Administrator/Public Guardian-Conservator will then proceed to petition the Court to confirm the sale and inform the Court he is holding your 10% deposit as required by the Probate Code.
Q. Can I bid at the Court Hearing?
A. Any sale set for regular hearing to seek confirmation will be opened to bidding at that hearing. To make an "overbid," the bidder must appear in Court either in person or by personal representative. The Court will ask the bidder to identify himself or herself and once the required overbid is met, set the increments for continued overbidding.
The first required overbid amount is determined by the formula found in the Probate Code as follows: The amount of accepted high bid plus 10% of the first ten thousand and 5% of anything over ten thousand.
Q. What happens if I am unable to complete the sale?
A. Once confirmed by the Court, the sale is a legally binding contract. Any deposits will be held pending resale of the property. If the property is resold, the Court will then rule as to whether any part or all of the deposit shall be returned.
The original buyer can be held liable for any and all damages or loss to the estate at the discretion of the Court.
Q. How long does it take before I can take possession of property I have purchased?
A. Personal property may be picked up by appointment once the Court has confirmed the sale and the Sales Department has received the balance of the proceeds.
Real property may be taken possession of only at the close of escrow. No access to the property will be granted prior to the close of escrow unless accompanied by a Public Administrator/Public Guardian-Conservator representative.
Q. Can Public Administrator/Public Guardian-Conservator staff buy from the estates?
A. No staff member may buy directly or indirectly from any Public Administrator/Public Guardian-Conservator estate. Such activity is subject to substantial financial penalties and potential prison terms.
