Selling a House in Probate in California
How California probate sales actually work — executor authority, court requirements, realistic timelines, and your options for selling as-is if the estate needs speed.
Can You Sell During Probate in California?
Yes — in California a house can be sold while probate is open, and most sales don't require a court hearing. Once the court appoints the executor or administrator and issues letters, an executor with full authority under the Independent Administration of Estates Act (IAEA) can sell after giving heirs a 15-day Notice of Proposed Action. Only executors with limited authority (or objected-to sales) must go through court confirmation and the overbid process.
Who Has Authority to Sell — and When
Full vs. limited IAEA authority
When the court appoints a personal representative, it also decides how much independence they get under the Independent Administration of Estates Act. Full authority is the norm when the will doesn't restrict it and no one objects — and it's the difference between a probate sale that feels like a normal sale and one that runs through a courtroom.
With full authority, the executor can list the property, accept an offer, and close without a confirmation hearing. With limited authority — common when there's no will, when the will restricts IAEA powers, or when the court imposes it — every real estate sale must be confirmed by a judge.
The 15-day Notice of Proposed Action (full authority)
Under full authority, the executor sends heirs and beneficiaries a Notice of Proposed Action describing the sale — price, buyer, terms — at least 15 days before completing it. If nobody objects in that window, the sale closes like an ordinary transaction through escrow. If an heir objects, the executor can either renegotiate or ask the court to approve the sale anyway.
Court confirmation and overbidding (limited authority)
With limited authority, the accepted offer is only the opening bid. The sale is set for a confirmation hearing, where the offer generally must be at least 90% of the property's appraised value (set by a court-appointed probate referee). At the hearing, other buyers can overbid — the first overbid must exceed the accepted offer by 10% of the first $10,000 plus 5% of the balance. It adds certainty for heirs, but typically one to three months of extra time, and buyers who need financing often drop out.
The California Probate Sale, Step by Step
File the probate petition
Probate opens in the Superior Court of the county where the decedent lived. The initial hearing is typically set several weeks out, depending on the county's backlog — larger counties like Los Angeles often run longer.
Letters are issued
Once appointed, the executor receives Letters Testamentary (or Letters of Administration). This is the legal authority moment — before letters, nobody can sign a listing agreement or purchase contract for the estate.
The probate referee appraises the property
Estate real estate is valued by a court-appointed probate referee as part of the inventory. This appraisal matters most for limited-authority sales, where it sets the 90% floor.
Market the property and accept an offer
The executor can list with an agent, sell as-is to a cash buyer, or both — soliciting cash offers while listed. Disclosure obligations are lighter for probate sales, but the property still sells subject to its condition.
Notice of Proposed Action — or confirmation hearing
Full authority: send the 15-day NOPA and proceed if no one objects. Limited authority: petition for a hearing date, publish notice, and be ready for overbidders in the courtroom.
Close through escrow
Title passes from the estate to the buyer. Sale proceeds go into the estate account, pay off liens and the mortgage at closing, and are distributed to heirs when probate wraps up.
How long a California probate sale takes
From filing to letters is commonly one to two months, driven mostly by county court calendars. After letters, a full-authority sale can realistically go from listing to closing in 60–90 days — and faster with a cash buyer, since the 15-day NOPA is the only probate-specific wait. Limited-authority sales add the confirmation hearing cycle, typically one to three months more.
Note that the sale usually closes long before probate itself does. California probate commonly runs 9–18 months overall — including the mandatory four-month creditor period — but proceeds simply sit in the estate account until distribution. Selling early stops the bleeding on mortgage payments, taxes, insurance, and upkeep.
California Rules That Change the Picture
The $750,000 primary-residence shortcut (AB 2016)
For deaths on or after April 1, 2025, California allows heirs to use a simplified Petition to Determine Succession to Real Property for the decedent's primary residence valued up to $750,000 — skipping full probate entirely. If the estate qualifies, title can move to the heirs in a few months, and the heirs then sell directly. Smaller estates (personal property under $208,850 for deaths on or after April 1, 2025) have their own simplified procedures.
Statutory fees rise with the sale price
California sets attorney and executor fees by statute on the gross estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on — and the house usually dominates that math. On a $600,000 home, attorney and executor fees can each run about $15,000. Worth knowing when weighing sale options and net proceeds.
Community property and the spousal shortcut
California is a community property state. When the house passes to a surviving spouse, a Spousal Property Petition can transfer or confirm title far faster than full probate — after which the spouse can sell as an ordinary owner.
Proposition 19 changed the keep-vs-sell math
Since Prop 19, a child who inherits a parent's home generally keeps the low property-tax basis only by moving in as their primary residence (within limits). Heirs who planned to keep a rental often discover the reassessed tax bill changes the equation — one more reason many California estates choose to sell.
California Probate Sale Questions
Selling a Probate Property in California?
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We are not a law firm and do not provide legal advice. Our team includes real estate professionals; any offer or referral is always optional.
The information on this page is provided for general educational purposes only and is not legal, tax, or financial advice. Probate laws change and vary by state and by individual circumstances, and we cannot guarantee the completeness or accuracy of the information provided. For advice about your specific situation, consult a licensed attorney in your state.