Los Angeles probate buyer guide
Who Pays Commissions and Closing Costs in a Los Angeles Probate Court Confirmation Sale?
The short answer
The estate pays the agents' commission in the amount the court allows, and your confirmed terms and contract decide who pays escrow, title and transfer tax; Justin Borges helps Los Angeles buyers read both. Your own agent's share follows who brought the original bid (Probate Code 10162 to 10165), and an overbid made with no agent carries commission on the original bid only (10164). The court's overbid math leaves commission out entirely (CA Probate Code, California Probate Code section 10311, checked November 7, 2026).
I am Justin Borges, and my role on your probate purchase is the buyer's agent's role only: I prepare and advise you while working with the estate's attorney and your own attorney, and the winning overbid was yours, not a bid I placed. You may now hold a signed order and an open escrow file and wonder which charges belong to the estate and which belong to you. Commission comes first below, then the costs escrow will put in front of you.
Find the commission line on your order
Text me a photo of your signed order confirming sale and I will find its commission line and tell you what it says about your purchase.
Who pays the agents' commission in a probate confirmation sale?
The estate pays it, in the amount the court allows. The personal representative's listing contract may provide for the commission to come out of the proceeds of sale, but under California Probate Code 10150 that contract binds the estate only for the amount the court allows, and the estate takes on no liability under it unless the sale is confirmed (CA Probate Code, California Probate Code section 10150, checked November 8, 2026).
Some estates give the listing broker an exclusive right to sell. Section 10150 allows that only with court permission, for up to 90 days, with extensions of up to 90 days each (CA Probate Code, California Probate Code section 10150, checked November 8, 2026).
Text me the address of the house you won and I will pull its listing record to show which brokerage holds the estate's listing and whether that listing is exclusive. Text (213) 262-5092
Payment also waits for your closing. Probate Code 10160 says the estate is not liable for any agent's commission or expenses unless an actual sale is made, the court confirms it where confirmation is required, and the sale is consummated (CA Probate Code, California Probate Code section 10160, checked November 8, 2026).
How does the court set the commission?
The court sets it as reasonable compensation, in its own discretion, and, for a broker with a listing contract, never above the amount that contract provides. Probate Code 10161 lets the court fix that figure whether or not the representative signed a listing contract, and without an exclusive listing a broker is paid only for producing the original bid or for procuring the buyer on an increased bid at the hearing (CA Probate Code, California Probate Code section 10161, checked November 8, 2026).
The court's figure is written on the order. The Judicial Council's DE-265/GC-065 order states either “No commission is payable” or a commission from the proceeds approved in a dollar amount, with how it is paid (Judicial Council, Order Confirming Sale of Real Property (DE-265/GC-065), checked November 8, 2026).
The figure need not be fixed at your hearing. Under Probate Code 10313(b), the court fixes the compensation on its own motion or at the request of the personal representative, an agent or broker, or any interested person, at the confirmation hearing or at another time (CA Probate Code, California Probate Code section 10313, checked November 8, 2026).
If the commission on your purchase was not fixed at your hearing, I will ask the listing agent when the estate's side expects the court to fix it and pass the answer to you. See how Justin works probate sales
How is my agent paid when I win an overbid with an agent?
Your agent is paid out of the compensation the court allows on the estate's side of the sale, not through a separate charge the Probate Code places on you.
Which rule sets your agent's share turns on who made the original bid that was returned to court, and on whether a broker held an exclusive listing.
| Who made the original bid | What the court allows your agent | Source |
|---|---|---|
| Another agent's buyer | Half the compensation on the original bid plus all of it on the increase; the other half goes to the agent who brought the original bid, shared with any exclusive-listing broker by agreement, or equally without one | (CA Probate Code, California Probate Code section 10165, checked November 8, 2026) |
| A buyer with no agent, while a different broker held the exclusive listing | The same split as the row above, with the other half of the original-bid share going to the listing broker | (CA Probate Code, California Probate Code section 10165, checked November 8, 2026) |
| A buyer with no agent, and no broker held an exclusive listing | The 10161 compensation on the full confirmed amount, within the cap below | (CA Probate Code, California Probate Code section 10163, checked November 8, 2026) |
If you are not sure who made the original bid on the house you won, I will ask the listing agent and text you the name of that buyer's agent, or tell you there was none. Text (213) 262-5092
One cap applies whenever the original bid came from a buyer with no agent: your agent's compensation cannot exceed one-half of the difference between the original bid and your winning bid, and only the broker holding the exclusive right to sell falls outside that cap (CA Probate Code, California Probate Code section 10162, checked November 8, 2026).
What if I won the overbid without an agent?
No agent earns commission on your increase. The court allows commission only on the original bid amount, and it goes to the agent or broker whose original bid was returned for confirmation. An agent you bring in after the hearing did not procure your bid, so that agent is paid only under the written agreement you sign with them, and the estate's commission stays where the court put it.
If you overbid on your own and want an agent for the rest of the closing, I will put in writing what I would handle from here and how I would be paid, before you sign anything. See how Justin works probate sales
Probate Code 10164 covers a sale confirmed on an increased bid to a buyer not procured by a bona fide agent or broker, and it divides that original-bid compensation with an exclusive-listing broker by their agreement, or equally without one (CA Probate Code, California Probate Code section 10164, checked November 8, 2026).
Who pays escrow, title insurance and transfer tax?
Your confirmed terms of sale and your purchase contract decide who pays escrow fees, title insurance and transfer tax. California Revenue and Taxation Code 11911, which sets the county transfer tax, does not say which side pays it.
Where your confirmed terms leave one of these costs unassigned, the estate's attorney and escrow can tell you, in writing, how the estate is treating it.
If your confirmed terms say nothing about one of these costs, text me which one and I will write the question for you to send escrow, so its written answer names who pays. Text (213) 262-5092
The DE-265/GC-065 order form does not assign these costs itself; read the terms entry on your order alongside your purchase contract and escrow instructions (Judicial Council, Order Confirming Sale of Real Property (DE-265/GC-065), checked November 8, 2026).
Which closing costs your terms make yours
Not sure whether the escrow fee, the title policy or the transfer tax is yours to pay? Call or text me and I will read your confirmed terms and contract with you and name the party each one assigns.
How much is the documentary transfer tax in Los Angeles?
The county rate is $0.55 for each $500 of value conveyed, and a house inside City of Los Angeles limits owes City tax as well. That county rate comes from Revenue and Taxation Code 11911, which applies it to consideration over $100, excluding liens that remain on the property, and credits a conforming city tax against the county tax (Revenue and Taxation Code, California Revenue and Taxation Code section 11911, checked November 8, 2026).
Inside the City of Los Angeles, one of five special-rate cities, the County Recorder charges the county tax in full, with no city credit against it (County of Los Angeles, LA County Registrar-Recorder/County Clerk, Documentary Transfer Tax General Info, checked November 8, 2026).
The Recorder collects city taxes at recording, and calculating the tax is the document preparer's responsibility (County of Los Angeles, LA County Registrar-Recorder/County Clerk, Documentary Transfer Tax General Info, checked November 8, 2026).
I will check escrow's transfer-tax figure for your house against the Recorder's county and city rates. See how Justin works probate sales
| City of Los Angeles tax, effective 7/1/26 | Rate the County Recorder lists | Sales it applies to |
|---|---|---|
| Base city tax | $4.50 per $1,000 ($2.25 for each $500) | Sales inside City of Los Angeles limits |
| Additional tax, middle tier | 4 percent of the total transaction value | Above $5,400,000 and under $10,900,000 |
| Additional tax, top tier | 5.5 percent of the total transaction value | At or above $10,900,000 |
City of Los Angeles rates as the County Recorder lists them, effective 7/1/26 (County of Los Angeles, LA County Registrar-Recorder/County Clerk, Documentary Transfer Tax General Info, checked November 8, 2026).
What closing costs are mine as the buyer?
Your costs are the lender's fees on any loan, inspections you order, and any escrow, title or transfer-tax charge your confirmed terms or contract assign to you.
The CFPB defines closing costs, also called settlement costs, as the upfront costs charged to get a loan and transfer ownership of the property, paid at closing (CFPB, CFPB: Loan Estimate explainer, checked November 7, 2026).
Text me the purchase contract for the house you won and I will mark every cost line in it that names you as the payer. Text (213) 262-5092
After you close, the assessor reappraises the house at full cash value as of the change in ownership. If that value goes up, the Los Angeles County Tax Collector sends one or more Supplemental Secured Property Tax Bills to you as the owner, even when your lender keeps an impound account (County of Los Angeles, Rev. & Tax. Code 75.10; LA County Treasurer and Tax Collector, New Property Owner, checked November 8, 2026).
Frequently asked questions
Can a bid that promises my agent a set amount raise what the court allows?
No. Probate Code 10166 says that even when a bid states an amount to be paid to a broker, the court allows only the compensation proper under the commission article. A promise written into the bid cannot lift your agent's share above what sections 10161 through 10165 provide ( CA Probate Code, California Probate Code section 10166, checked November 8, 2026 ).
Is a commission owed if the agent is the buyer or has an interest in the buyer?
No. Under Probate Code 10160.5, the estate owes no commission when the agent or broker is the purchaser, or when the agent representing the confirmed purchaser has any interest in that purchaser. The rule reaches an agent buying indirectly as well as one buying in their own name ( CA Probate Code, California Probate Code section 10160.5, checked November 8, 2026 ).
If the house has a loan on it, is it paid from my purchase money?
Yes, if the terms of sale require the lien to be paid. Probate Code 10361 applies the purchase money first to administration expenses tied to the property, then to the expenses of the sale, then to the lien where the terms require it, and the house stays subject to that lien until the money is actually applied ( CA Probate Code, California Probate Code section 10361, checked November 8, 2026 ).
Text me the preliminary title report on the probate house you won and I will point out each recorded loan so you can ask escrow how your terms treat it. Text (213) 262-5092
What if the estate's listing broker also brought my overbid?
The listing broker gets the court-allowed compensation figured on the full confirmed price if you were its own buyer raising your returned bid ( CA Probate Code, California Probate Code section 10162.5, checked November 8, 2026 ). The same holds after an original bid from a buyer with no agent; after another agent's original bid, the listing broker is paid like any overbidding agent, and that other agent keeps the rest of the original-bid share ( CA Probate Code, California Probate Code sections 10163 and 10165, checked November 8, 2026 ).
Can a listing contract exclude a named buyer from commission?
Yes. Probate Code 10162.6 lets an exclusive listing contract say no commission is payable if the sale is confirmed to a named purchaser. If the court confirms to that person, the listing broker receives nothing while other brokers are still paid under the article; if it confirms to anyone else, compensation is figured as if the exclusion did not exist ( CA Probate Code, California Probate Code section 10162.6, checked November 8, 2026 ).
Where does my Loan Estimate show what I bring to closing?
On the "Estimated Cash to Close" line. The CFPB describes that line as the estimated amount the borrower must bring to closing ( CFPB, CFPB: Loan Estimate explainer, checked November 7, 2026 ). The word estimated matters here: the figure is your lender's projection when the Loan Estimate is issued, not the amount on your final statement.
I will sit down with your Loan Estimate and mark the lender's own fees on it, so you can see which charges on this probate purchase come from your loan. See how Justin works probate sales
Check your final statement against the estimate
When escrow sends your final settlement statement, send it to me and I will mark each figure that moved from your Loan Estimate.
Sources
- California Probate Code section 10311, California Probate Code (california.public.law). Checked November 7, 2026.
- California Probate Code section 10150, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10160, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10161, California Probate Code (california.public.law). Checked November 8, 2026.
- Order Confirming Sale of Real Property (DE-265/GC-065), Judicial Council of California (courts.ca.gov). Checked November 8, 2026.
- California Probate Code section 10313, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10165, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10163, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10162, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10164, California Probate Code (california.public.law). Checked November 8, 2026.
- California Revenue and Taxation Code section 11911, California Revenue and Taxation Code (california.public.law). Checked November 8, 2026.
- LA County Registrar-Recorder/County Clerk, Documentary Transfer Tax General Info, Los Angeles County Registrar-Recorder/County Clerk (lavote.gov). Checked November 8, 2026.
- CFPB: Loan Estimate explainer, Consumer Financial Protection Bureau (consumerfinance.gov). Checked November 7, 2026.
- Rev. & Tax. Code 75.10; LA County Treasurer and Tax Collector, New Property Owner, Los Angeles County Treasurer and Tax Collector (ttc.lacounty.gov). Checked November 8, 2026.
- California Probate Code section 10166, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10160.5, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10361, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10162.5, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10162.6, California Probate Code (california.public.law). Checked November 8, 2026.
About the author
Justin Borges
REALTOR® | CA DRE #01940318
Justin writes LA Metro Home Finder’s guides to 30+ communities across the San Gabriel Valley, Northeast LA, and greater Los Angeles, and has closed $200M+ in career sales with a 106% average list-to-sale ratio.
Justin has held an active California DRE salesperson license since October 2013. View Justin’s author profile.
This guide is educational and is not legal, tax, title, lending, or insurance advice. Contract forms, statutes, and lender rules change. Confirm the terms that apply to your sale with your escrow officer, title officer, lender, or a California real estate attorney.
