What is a Court Confirmation Sale and How Does It Work in Los Angeles?

A court confirmation sale in Los Angeles is a court-supervised probate sale where the accepted offer for a property must be confirmed by a judge in the probate court. The process includes a formal court hearing, allows for overbids from other buyers, and is typically required when the estate representative doesn’t have full authority under the Independent Administration of Estates Act (IAEA).

What Does "Court Confirmation Required" Mean in Probate Real Estate?

When a probate property is marked "subject to court confirmation," it means that even after a buyer and seller agree to terms, the sale isn’t final until the probate court approves it.

This usually happens when:

• The executor or administrator has limited authority under the IAEA.

• The property sale needs judicial oversight to ensure fairness and protect the heirs and creditors.

Step-by-Step Breakdown of a Court Confirmation Sale in Los Angeles

1. Initial Offer Accepted
   The personal representative accepts an offer, often using a California Association of Realtors (CAR) probate purchase agreement.

2. Petition for Court Confirmation Filed
   The attorney files a petition (often Form DE-260 or a local variation) requesting court approval for the sale.

3. Hearing Date Set
   The court schedules a hearing—typically 30 to 45 days out—and the notice of sale must be published in a local newspaper unless waived.

4. Overbid Process at Hearing
   The accepted offer becomes the starting bid at the hearing. Others can appear in court and submit higher offers.

5. Minimum Overbid Formula
   In Los Angeles County, the first overbid must be:

   • Original offer + 10% of the first $10,000

   • Plus 5% of the balance
     Example: If the original bid is $500,000, the minimum overbid is $525,500.

6. Court Confirms Winning Bid
   The judge confirms the highest bidder. That buyer must immediately deposit 10% of the purchase price and proceed to close escrow.

How Long Does a Court Confirmation Sale Take?

In Los Angeles County, court confirmation sales can take 45–90 days from accepted offer to final closing. Key timeframes include:

• Petition filing: 1–2 weeks

• Court scheduling: 30–45 days

• Overbid hearing and close: 15–30 days

Does Every Probate Sale in Los Angeles Require Court Confirmation?

No. Court confirmation is only required when:

• The executor has limited authority under the IAEA

• The court or the will specifically requires oversight

If the representative has full authority, they can usually sell without court involvement, significantly speeding up the process.

Tips for Buyers Participating in a Court Confirmation Sale

• Be ready to overbid: Show up with proof of funds and a cashier’s check for 10% of your offer.

• Do your due diligence upfront: There's no renegotiation or contingencies after the court hearing.

• Stay patient: These sales can take longer but sometimes offer below-market pricing.

Local Insight: How It Works in Los Angeles County Probate Court

The Stanley Mosk Courthouse in downtown Los Angeles handles the vast majority of probate matters. The overbid process is very public, so it’s critical that buyers and agents understand:

• Courtroom procedures

• Bidding strategy

• Deposit rules

Many probate real estate agents—like our team—are familiar with this process and often attend in person to help clients win.

Final Thoughts

Court confirmation sales can feel overwhelming, especially if you're new to probate. But with the right guidance, you can navigate the process and potentially uncover excellent buying opportunities.

If you're selling or buying probate real estate in Los Angeles and want help understanding whether court confirmation is required—or how to win an overbid—our team is here to help. We’ve guided families through hundreds of probate sales and are experts in Los Angeles County's unique court system.

Learn more or contact us here