How to Handle a Probate Sale with a Missing Will in Los Angeles
If a will is missing during a probate sale in Los Angeles, the estate is treated as if there is no will — triggering intestate probate under California law. You must file a Petition for Letters of Administration, notify heirs, and follow state succession laws to determine who inherits. Selling the property still requires court supervision and possibly court confirmation.
What Happens When a Will Is Missing in Probate?
In Los Angeles County probate court, a missing will is treated as no will unless a copy can be proven valid. The court can’t assume the decedent’s wishes — so California’s intestate succession laws kick in.
This situation can be emotionally and legally complex, especially if heirs expected a will to surface. When real estate is involved, it adds another layer: the home can’t be sold until the court appoints someone to handle the estate.
Can You Still Sell a Probate Property Without a Will?
Yes — but the sale must go through intestate probate. That means:
The court appoints an administrator (instead of an executor)
The property becomes part of the estate’s assets
All heirs under California Probate Code 6400–6414 must be identified
The sale may require court confirmation
Step-by-Step: Selling a Probate Property With a Missing Will in Los Angeles
Here’s how to handle a real estate sale when the will is missing:
1. Confirm That No Valid Will Exists
Double-check:
Safe deposit boxes
Attorney offices
Filing cabinets or online will storage
If only a copy of the will is found, speak to a probate attorney immediately. A copy may be admitted with supporting evidence, but this requires extra legal steps and court approval.
If no valid will is located, the estate is officially considered intestate.
2. File a Petition for Letters of Administration (Form DE-111)
This is how you ask the court to be appointed the personal representative (administrator).
Include:
Form DE-121: Notice of Petition to Administer Estate
Form DE-147: Duties of the Personal Representative
Form DE-150: Waiver of Bond (if applicable)
In Los Angeles, file these forms with the Stanley Mosk Courthouse or another relevant division of the LA Superior Court Probate Division.
💡 Filing fee is currently $465, plus additional fees for certified copies.
3. Notify All Heirs and Creditors
Once you file, you must:
Serve notice to all known heirs and interested parties
Publish notice in a court-approved newspaper
List known debts and creditors
This gives everyone a chance to come forward before the estate is administered.
4. Obtain Letters of Administration
If the court approves your petition and no one objects, you’ll receive Letters of Administration, giving you legal authority to:
Access financial accounts
Manage real estate
Pay debts
Distribute proceeds from a future sale
Selling the Home: What to Expect
5. Hire a Probate Real Estate Expert
Selling probate property requires a licensed agent familiar with:
Local probate court rules
Overbid procedures (if court confirmation is required)
Navigating disclosures, appraisals, and title issues
The Borges Real Estate Team specializes in Los Angeles probate real estate — so you won’t be alone through this.
6. Get the Property Appraised
The home must be valued using a Probate Referee’s appraisal. This determines the minimum sale price and informs the court and heirs.
7. List the Property for Sale
Once the court grants you authority, list the property. You’ll need:
A disclosure statement
Marketing photos and MLS listing
Open houses or private showings
If the court grants full authority under the Independent Administration of Estates Act (IAEA), you may sell without court confirmation. If not, a court-confirmed sale will require:
A 15-day Notice of Proposed Action
Public notice of the sale
Potential overbid at the court hearing
What If the Will Is Later Found?
If a valid will is discovered after probate has begun, notify the court immediately. The existing petition may be amended or replaced by a Petition for Probate of Will, which could:
Name a new executor
Change asset distribution
Affect the real estate sale process
⚠️ In some cases, this discovery can pause or reverse parts of the probate sale — so it’s crucial to act quickly and work with an attorney.
Who Inherits the Property Without a Will?
Under California’s intestate succession laws:
If the decedent had a spouse and children — both inherit a share
If no spouse or children — parents inherit
Then siblings, then nieces/nephews
If no living relatives — the estate may go to the State of California
📌 Los Angeles County probate courts require proof of heirship — often via Declarations of Heirship or court-mandated genealogy documents.
How Long Does It Take?
Selling a probate home with a missing will typically takes:
6–12 months (if no complications)
Longer if disputes arise or court confirmation is required
Factors that slow things down:
Missing heirs
Objections from relatives
Title issues or real estate liens
Local Expertise Matters
Los Angeles probate courts are backlogged, and a missing will adds stress and uncertainty. If you're trying to sell a family home in Pasadena, West LA, or anywhere in LA County, make sure you have:
The right legal support
A probate-specialized real estate team
A clear understanding of court requirements
Let Our Probate Team Help You Navigate This
At The Borges Real Estate Team, we’ve helped dozens of families sell probate properties — with or without a will. We’ll work with your attorney, help you understand your rights, and market the home for top dollar with full compliance.
👉 Reach out now for a free consultation — no pressure, just help.
