Do I Need to Go to Court to Sell a House in Probate in Los Angeles?

In Los Angeles, you may or may not need to go to court to sell a house in probate. If the probate case is granted full authority under the Independent Administration of Estates Act (IAEA), court approval is typically not required. However, if the estate has limited authority, court confirmation is necessary.

What Determines Whether You Need Court Approval to Sell?

Whether you’ll need to appear in court to sell the probate property largely depends on the type of authority granted by the probate court when issuing Letters of Administration.

1. Full Authority (No Court Required)

If the court grants full IAEA authority:

• You can list and sell the property without court confirmation.

• The executor or administrator can accept offers and open escrow.

• A Notice of Proposed Action must be sent to heirs, but no court hearing is needed.

2. Limited Authority (Court Required)

If the court grants limited IAEA authority:

• The sale must be confirmed in a court hearing.

• You must follow a bidding process (often with overbidders).

• This adds time, cost, and uncertainty to the sale.

What Is the Independent Administration of Estates Act (IAEA)?

The IAEA allows executors to manage and sell estate property with less court involvement. Here's how it works:

Type of Authority Requires Court Approval? Typical Timeline Buyer Flexibility

Full Authority No 30–45 days Normal sale terms

Limited Authority Yes 90+ days Overbid possible

How Do You Know What Type of Authority You Have?

You can check your Letters of Administration or Letters Testamentary. These will indicate if you have:

• “Full Authority” under IAEA (usually found on Judicial Council Form DE-150).

• Or if it’s marked “Limited Authority,” which signals court oversight is still required.

What Happens If You Need Court Approval?

If court approval is required:

• The property must be marketed for 30+ days before a sale can be confirmed.

• A buyer submits an offer.

• The court schedules a confirmation hearing, often 30+ days later.

• Other potential buyers can overbid at the hearing.

• The highest bid wins, and the court confirms the sale.

This process can stretch the timeline significantly and deter some buyers.

Can You Speed Up the Process?

Yes — if you're still early in the probate process, your attorney can petition the court for full authority under IAEA. This allows you to:

• Avoid court confirmation.

• Accept offers more flexibly.

• Reduce the sale timeline by months.

Local Insight: Selling Probate Homes in Los Angeles County

In Los Angeles County, most probate cases do qualify for full authority, especially if no objections are filed. However, we’ve seen many families who weren’t told they could petition for full authority and ended up stuck in a court-confirmation sale.

We help our clients:

• Review the Letters of Administration.

• Coordinate with your probate attorney.

• Prepare clean, court-ready disclosures and timelines.

What If You’re Out of State?

Many personal representatives live outside of California. You don’t need to fly in for court unless a hearing is scheduled. And if you have full authority, you can sell the home remotely — our team works with many out-of-state executors to handle everything, from cleanout to closing.

Final Takeaway

You don’t always need to go to court to sell a probate property in Los Angeles. If you have full authority, you can skip the courtroom entirely. But if you have limited authority, expect a longer process with court involvement.

Not sure what authority your case has?
We’re happy to help you check.

Contact us for probate guidance →