Los Angeles probate buyer guide
What Happens If the Court Does Not Confirm the Probate Sale I Won?
The short answer
If the court does not confirm the probate sale you won, that sale does not close: under Probate Code 10313(c) the court vacates it and orders a new sale, and Justin Borges helps Los Angeles buyers prepare for that outcome (CA Probate Code, California Probate Code section 10313, checked November 8, 2026). The court can also decline even a qualifying overbid and order a new sale under section 10311(c) (CA Probate Code, California Probate Code section 10311, checked November 7, 2026).
My part in a Los Angeles probate purchase is the buyer's side: I prepare and advise you, working with the estate's attorney and your own attorney, and the bid you made at the hearing was your own. You may now be waiting between the hearing and a signed order, unsure whether the court will approve the sale. The sections below cover what the court weighs, when it can say no or put the hearing over, and what to watch while the order is pending.
Look up your hearing's Probate Notes
Text me the case number from your hearing notice and I will look up the court's Probate Notes for your hearing and tell you what they show.
What must the court find before it confirms my overbid?
The court must find that the sale was authorized, properly noticed, lawfully and fairly run, and fairly priced. Probate Code 10313(a) lists those requirements, and the court confirms the sale only when each one is met (CA Probate Code, California Probate Code section 10313, checked November 8, 2026).
| Finding in section 10313(a) | What the court looks at |
|---|---|
| Authority to sell | The decedent's will authorized the sale, or good reason existed for it |
| Notice | Required notice was given and proved; under section 10312 that proof comes before any order confirming the sale, and the order must show it was made (CA Probate Code, California Probate Code section 10312, checked November 8, 2026) |
| Conduct of the sale | The sale was legally made and fairly conducted |
| Price | The amount is not disproportionate to the value of the property |
| Private sale | A private sale met the appraisal requirement of section 10309 |
I will turn the section 10313(a) findings into a one-page, plain-English checklist for the house you overbid on, so your file shows what the court weighs. See how Justin works probate sales
Probate Code 10310 sets what the court examines at the hearing itself: the necessity for or advantage of the sale, unless the will authorizes or directs it, and the personal representative's efforts to obtain the highest and best price reasonably attainable (CA Probate Code, California Probate Code section 10310, checked November 7, 2026).
Section 10313(a) adds one more test, used only when the court confirms to the original bidder rather than to an overbidder: it must not appear that a sum beating the original bid by the statute's 10 percent and 5 percent formula, not counting the expenses of a new sale, could be obtained (CA Probate Code, California Probate Code section 10313, checked November 8, 2026).
Can the court refuse a qualifying overbid?
Yes. Probate Code 10311(c) lets the court, in its discretion, decline an offer that meets the statute's requirements and order a new sale instead (CA Probate Code, California Probate Code section 10311, checked November 7, 2026). When more than one offer meets those requirements, section 10311(b) has the court accept the highest one and confirm the sale to the person who made it (CA Probate Code, California Probate Code section 10311, checked November 7, 2026). When two or more buyers raise their bids at one Los Angeles hearing, the guide on competing overbids at the same hearing explains how that contest plays out.
If the court passes on your overbid and orders a new sale, text me the bid the estate returns to court for that sale and I will work out the 10311(a) minimum first overbid from it. Text (213) 262-5092
The discretion sits on top of a rule that otherwise favors you. Section 10311(a) says the court shall accept a written offer made at the hearing that is at least 10 percent more on the first $10,000 of the original bid and 5 percent more on the amount above $10,000, and confirm the sale to that bidder (CA Probate Code, California Probate Code section 10311, checked November 7, 2026).
What happens to the sale if confirmation is denied?
Your sale ends, and the house goes to a new court sale. Under Probate Code 10313(c), when it appears that the 10313(a) requirements are not met, the court shall vacate the sale and order a new sale (CA Probate Code, California Probate Code section 10313, checked November 8, 2026).
I will ask the listing agent for the notice of the new sale on the house you overbid on and send it to you once it is published. See how Justin works probate sales
A new sale starts with a new notice. Section 10304 has the notice state whether the sale is private or by public auction, where a private sale's bids will be received, a day on or after which the sale may be made, and the street address, and the notice may add terms and conditions of sale (CA Probate Code, California Probate Code section 10304, checked November 7, 2026). Bids must substantially comply with any terms that notice specifies (CA Probate Code, California Probate Code section 10307, checked November 7, 2026). That new notice is the paper to read before you decide whether to bid on the house again, because its terms set what your next bid has to match.
Section 10313(d) has the new sale, including one ordered under section 10311(c), noticed and conducted in all respects as if no previous sale had taken place (CA Probate Code, California Probate Code section 10313, checked November 8, 2026).
Deciding whether to bid at the resale
Weighing a second run at the same house once the new sale is noticed? I will figure the lowest first overbid that would meet section 10311(a) against the bid returned for that sale, so you know the number before you decide.
Can the court continue the hearing instead of deciding?
Yes, and in one situation the rules require it. Under California Rules of Court, rule 7.451, upon a showing that the personal representative denied a bona fide prospective buyer, or that buyer's broker, a reasonable opportunity to inspect the property, the court must not confirm the sale and must continue it to allow the inspection (Judicial Council, California Rules of Court, rule 7.451, checked November 8, 2026).
A winning overbid does not change that result. The rule turns on the inspection access the personal representative gave buyers, not on the size of any offer made in the courtroom, so a buyer who was kept out of the house can hold up your confirmation.
If your confirmation hearing is continued, text me the new date and I will put it on my calendar and send you a reminder the week before. Text (213) 262-5092
Good cause is the only way past the continuance: rule 7.451 lets the court confirm anyway when good cause is shown (Judicial Council, California Rules of Court, rule 7.451, checked November 8, 2026).
What happens to my deposit if the court does not confirm?
Probate Code 10313 does not say what happens to a deposit when the court does not confirm (CA Probate Code, California Probate Code section 10313, checked November 8, 2026). The outcome varies from one sale to the next, so ask the estate's attorney, by name, to confirm in writing what will happen to yours.
If the estate's side writes to you about your overbid deposit, I will read the letter with you and mark who holds the money and what step it says comes next. See how Justin works probate sales
How do I find out what the court decided?
Follow the case by its number, then get the signed order. The Superior Court of Los Angeles County posts Probate Notes for scheduled probate hearings online, looked up by case number (California Courts, LASC Probate Notes, checked November 7, 2026), but those notes are written for the hearing; the ruling itself is in the order the court signs.
Request a copy of the signed order from the estate's attorney's office once the court has signed it.
| What you need | Where to find it |
|---|---|
| Case number | Your hearing notice |
| Courthouse | Your hearing notice; the court's Probate Division has courtrooms at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles (California Courts, Probate Division Assignment Changes at Stanley Mosk Courthouse (Jan. 20, 2026), checked November 7, 2026) |
| Department | Your most recent notice, not an older notice or court release |
Text me a photo of the notice for your probate hearing and I will tell you which courthouse and which current department number to watch. Text (213) 262-5092
Stanley Mosk department numbers changed on May 4, 2026: each department now carries its room number, with the floor as the first digit, so Department 1, for example, became Department 534 (California Courts, New Department Numbering System at Stanley Mosk Courthouse, checked November 8, 2026).
What should I keep ready while the order is pending?
Hold your funds and your loan approval steady until the court signs an order. If you are borrowing, the lender's disclosure timing still runs on its own schedule, which the guide on how long closing takes after a probate overbid lays out.
I will write to your loan officer asking that your loan file on the house you won stay open until the court signs its order. See how Justin works probate sales
In a sale that needs court confirmation, Probate Code 10308(a) requires the sale to be reported to and confirmed by the court before title passes to the buyer (CA Probate Code, California Probate Code section 10308, checked November 7, 2026).
Frequently asked questions
Does the amount alone make my overbid qualify?
No. Probate Code 10311(a) also requires that the person making the higher offer be a responsible person and that the offer comply with all provisions of law, section 10207 excepted ( CA Probate Code, California Probate Code section 10311, checked November 7, 2026 ). A bid that clears the 10 percent and 5 percent formula can still fall short on either of those two conditions.
Can the court compare my financed offer with a cash offer?
Only if the personal representative, in person or through counsel, tells the court before confirmation that the higher offer is acceptable. Section 10311(d) sets that condition when the returned sale and the higher offer differ, one for cash and one on credit ( CA Probate Code, California Probate Code section 10311, checked November 7, 2026 ). Whether an offer paid with a bank loan counts as cash or credit under that section is a legal question for the estate's attorney.
Before any new sale of the house, I will ask the listing agent whether the personal representative is prepared to tell the court a loan-financed offer like yours is acceptable. See how Justin works probate sales
Does the 90 percent appraisal rule apply to my overbid?
Only in a private sale, where Probate Code 10309 requires an appraisal made within one year before the hearing and a price of at least 90 percent of that appraised value ( CA Probate Code, California Probate Code section 10309, checked November 8, 2026 ). A new appraisal may be obtained before the sale or its confirmation when the last one is more than a year old or the court finds it too high or too low.
Text me the address of the probate house and I will pull recent nearby sales so we can set your price ceiling before any new hearing. Text (213) 262-5092
Who has to be at the hearing for it to go forward?
The petitioner's attorney, or the petitioner if the petitioner has no attorney. California Rules of Court, rule 7.452 bars the court from proceeding with a hearing on a petition to confirm a sale unless that person is present ( Judicial Council, California Rules of Court, rule 7.452, checked November 7, 2026 ). The rule is about the estate's side of the petition, and it says nothing about whether the winning overbidder attends.
Can someone object to the sale?
Yes. Under Probate Code 10310, any interested person may file written objections to the sale, and may testify and produce witnesses in support ( CA Probate Code, California Probate Code section 10310, checked November 7, 2026 ). Objections can be filed at the hearing itself as well as before it, so an heir or other interested person can raise one on the same day your overbid is made.
Line up your bid, deposit and loan
If a continued or new hearing is set for the house, I will check that your bid amount, your deposit and your loan approval still agree with each other before that date.
Sources
- California Probate Code section 10313, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10311, California Probate Code (california.public.law). Checked November 7, 2026.
- California Probate Code section 10312, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10310, California Probate Code (california.public.law). Checked November 7, 2026.
- California Probate Code section 10304, California Probate Code (california.public.law). Checked November 7, 2026.
- California Probate Code section 10307, California Probate Code (california.public.law). Checked November 7, 2026.
- California Rules of Court, rule 7.451, Judicial Council of California (courts.ca.gov). Checked November 8, 2026.
- LASC Probate Notes, Superior Court of California, County of Los Angeles (lacourt.ca.gov). Checked November 7, 2026.
- Probate Division Assignment Changes at Stanley Mosk Courthouse (Jan. 20, 2026), Superior Court of California, County of Los Angeles (lacourt.org). Checked November 7, 2026.
- New Department Numbering System at Stanley Mosk Courthouse, Superior Court of California, County of Los Angeles (www-web3.lacourt.org). Checked November 8, 2026.
- California Probate Code section 10308, California Probate Code (california.public.law). Checked November 7, 2026.
- California Probate Code section 10309, California Probate Code (california.public.law). Checked November 8, 2026.
- California Rules of Court, rule 7.452, Judicial Council of California (courts.ca.gov). Checked November 7, 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.
