Required Forms for Selling Real Estate in Probate in Orange County

To sell a property in probate in Orange County, California, you generally need the following core forms:

• Petition for Probate (Form DE-111)

• Letters of Administration (DE-150)

• Inventory and Appraisal (DE-160/GC-040)

• Notice of Proposed Action (DE-165) — or a court order for sale approval

Local supplements, real estate disclosures, and listing agreements are also required.

What Are the Main Probate Sale Documents in Orange County?

If you’re managing a probate real estate sale in Orange County, here are the essential forms you'll need:

✅ 1. Petition for Probate (Form DE-111)

This starts the process with the Superior Court of California, Orange County. You’re asking to be appointed as the administrator or executor of the estate.

✅ 2. Letters of Administration or Testamentary (DE-150)

Once the court grants probate, you’ll receive these letters. They’re your legal proof of authority to act on behalf of the estate.

✅ 3. Inventory and Appraisal (DE-160 / GC-040)

You must declare and appraise all estate assets — including the real property. In many cases, a probate referee is assigned to provide the official valuation.

✅ 4. Notice of Proposed Action (DE-165)

If there are multiple heirs or beneficiaries, this form notifies them of your intent to sell the property. If no objections are raised within 15 days, you may proceed without court confirmation.

⚖️ Note: If a will limits your authority or an heir objects, a court confirmation hearing and use of Judicial Council Form DE-260 may be required.

Real Estate-Specific Forms Required

When listing or selling the property, you’ll also need to prepare:

• Listing Agreement with “Estate Sale” terms

• Probate Listing Addendum

• Transfer Disclosure Statement (TDS) (may be waived if exempt)

• Seller Property Questionnaire (SPQ) (if applicable)

• Natural Hazard Disclosure (NHD) Report

• Orange County Real Estate Transfer Tax Form

Work with a real estate agent who knows how to coordinate all these documents with the court timeline.

How Do These Forms Differ from Los Angeles?

Orange County probate courts are often slightly faster and more structured than those in Los Angeles, but they still require precise documentation.

Here’s a breakdown of key differences:

Form Requirement Los Angeles County Orange County

Local Supplements Varies by district More unified

Court Confirmations Common Less common with IAEA

Filing Turnaround Slower Often faster

Remote Hearings Rare More frequent post-2024

Tip: Use Independent Administration of Estates Act (IAEA)

If the court grants full authority under IAEA, you can sell the property without court confirmation, saving time and money. Just be sure to issue a Notice of Proposed Action (DE-165) to the beneficiaries.

If you have limited authority, court confirmation will be required — so prepare your forms accordingly.

Orange County Highlight

In areas like Santa Ana, Anaheim, and Irvine, real estate values can fluctuate dramatically. Be sure to get a proper probate appraisal (via the Inventory & Appraisal) before pricing or marketing the home.

Need Help Preparing These Probate Forms?

The Borges Real Estate Team works with Orange County probate attorneys and administrators every day. We make the paperwork seamless — and handle the timeline, listings, and disclosures with court-compliant precision.

Reach out here if you need help gathering the right documents to start the probate sale process.