Probate Disclosure Requirements

by | Mar 4, 2025 | Real Estate | 0 comments

probate disclosures

Disclosures in real estate are legally required documents that inform buyers about known issues with a property. They provide transparency about the property’s condition, helping buyers make informed decisions before finalizing a purchase.

Why Are Disclosures Important?

  1. Legal Protection – Proper disclosures help sellers avoid future legal disputes by ensuring buyers are aware of potential defects or concerns.
  2. Buyer Awareness – Buyers can assess risks and make informed choices about whether to proceed with the purchase or negotiate repairs.
  3. Trust & Transparency – Disclosures build trust between buyers and sellers, making the transaction smoother.
  4. Compliance with Laws – Many states have strict disclosure requirements, and failure to provide them can result in lawsuits or penalties.

Here Are The Disclosures Required In The Sale Of A Decedent’s Property:

  • Advisability of Title Insurance
  • Agency Disclosure
  • Agency Confirmation
  • Area of Potential Flooding
  • Broker’s Statutory Duty to Inspect Property
  • Carbon Monoxide Detector Compliance
  • Common Interest Development Documents
  • Death (in last 3 years)
  • Discriminatory Covenants
  • Earthquake Fault Zone
  • Electrical System Inspection Notice
  • FHA/HUD Inspection Notice
  • FIRPTA (Federal Tax Withholding) and California Tax Withholding
  • Flood Disaster Insurance Requirements
  • Gas and Hazardous Liquid Transmission Pipeline Notice
  • Groundwater Basin Comprehensive Notice (if received)
  • Lead-Based Paint Pamphlet and Form
  • Material Facts
  • Megan’s Law Disclosure (Registered Sex Offender Database)
  • Meth Lab Clean-Up Order
  • Pest Control Inspection Report and Certification
  • Seismic Hazard Zone
  • Smoke Detectors Must Be In Compliance
  • Special Flood Hazard Area
  • State Responsibility Area (Fire Hazard Area)
  • Very High FireHazard Severity Zone
  • Water Conserving Fixtures Compliance
  • Water Conserving Fixtures Disclosure
  • Water Heater Bracing Requirement
  • Water Heater Bracing Statement of Compliance

For questions about disclosures and probate transactions, reach out to your escrow team! You can also refer to CAR’s disclosure chart here.