How to Sell a House in Probate Without Court Confirmation in California

If you’ve been appointed executor or administrator of a loved one’s estate, and you’re facing the task of selling their home, you might be wondering:

Can I sell the house without going through a court confirmation hearing?

Good news: In California especially in busy markets like Los Angeles County and the San Gabriel Valley many probate home sales do not require court confirmation, depending on how the estate is set up.

Let’s walk through when you can sell without court supervision, and how to make the process smooth and successful.

Understanding Authority Levels in Probate Sales

In California probate, the court grants the estate’s personal representative (executor or administrator) either:

• Full Authority

• Limited Authority

These are defined under the Independent Administration of Estates Act (IAEA).

✅ Full Authority Means No Court Confirmation Needed

If the court grants you Full Authority under the IAEA, you can:

• List and market the home

• Accept offers

• Open escrow

• Complete the sale

without needing to schedule a court hearing for confirmation.

You will still need to:

• Notify all heirs and interested parties of the intended sale

• Give them 15 days to object

• Follow fair market value guidelines

But assuming no objections, the sale can proceed just like a traditional real estate transaction.

🚫 Limited Authority Means Court Confirmation Required

If you only have Limited Authority, then:

• You must accept an offer

• Petition the court for approval

• Attend a hearing

• Be prepared for potential overbids during the court process

This can add 2–3 months to the timeline and additional legal costs.

How to Sell a Probate Property Without Court Confirmation

If you’ve been granted Full Authority, here’s the general process:

1. Get the Home Appraised
   You’ll need a certified appraisal by a court-approved probate referee to determine fair market value.

2. List the Home for Sale
   Work with an agent who understands probate (like The Borges Real Estate Team) to market the property properly and manage disclosure requirements.

3. Accept an Offer
   Ideally at or near the appraised value.
   Offers significantly below value may raise red flags for the court or heirs.

4. Send the Notice of Proposed Action
   Notify heirs and interested parties of the pending sale, including all material terms.

5. Wait the Required Period
   Give heirs 15 days to object. If there are no objections, you can move forward.

6. Open Escrow and Close
   Handle inspections, contingencies, and escrow as you would in a normal sale.

Common Pitfalls to Avoid

Even if court confirmation isn’t required, there are mistakes that can delay or derail your probate sale:

• Skipping proper notices to heirs

• Accepting lowball offers without justification

• Failing to properly disclose probate sale terms to buyers

• Not verifying your Full Authority documentation early in the process

That’s why working with an experienced probate real estate agent is so important particularly in competitive areas like Los Angeles and the San Gabriel Valley, where buyers expect a fast, smooth escrow.

Why Probate Sales Without Court Confirmation Are So Valuable

• Speed: You can close in as little as 30–45 days instead of 90+ days with court involvement.

• Higher Offers: Buyers are more confident bidding when they know there’s no court delay.

• Less Legal Expense: No court hearing = no extra legal fees for confirmation.

• Flexibility: You can negotiate price, repairs, and terms more freely.

Need Expert Help Selling a Probate Home?

At The Borges Real Estate Team, we specialize in probate and trust real estate sales throughout Los Angeles County and the San Gabriel Valley.

We understand the extra legal steps required and more importantly, how to move homes quickly, professionally, and in full compliance with probate laws.
Whether you have Full Authority or you’re not sure yet, we’re happy to guide you through every stage.

Reach out today for a free, no-pressure consultation.