Los Angeles probate buyer guide
How Much Money Do I Need to Bring to Overbid at a Probate Court Confirmation in Los Angeles?
The short answer
You need the cash for whatever part of your top bid a loan will not cover, plus closing costs, and the bid itself must clear the Probate Code 10311(a) minimum: on a $500,000 accepted bid, the first overbid has to be at least $525,500 (CA Probate Code, California Probate Code section 10311, checked November 8, 2026). Your deposit comes out of that cash rather than sitting on top of it.
Justin Borges of The Borges Real Estate Team at eXp Realty (DRE #01940318, (213) 262-5092) works with Los Angeles buyers who plan to overbid at a probate confirmation hearing and want the money settled before they walk into the courtroom. Each section below takes one money question in the order you meet it, from the figure the court starts with to the order you close on, and the linked guides go deeper on loans, proof of funds and the cashier's check.
Check where the probate sale stands first
Tell me which Los Angeles probate listing has your eye, and I will find out whether the estate has filed its petition and set a hearing, so you know if there is an accepted bid to plan from.
How is the minimum opening overbid calculated?
A first overbid in court must beat the accepted bid by at least 10 percent of that bid's first $10,000 plus 5 percent of the rest (CA Probate Code, California Probate Code section 10311, checked November 8, 2026). The statute calls the accepted bid the original bid: the offer the estate took and returned to the court for confirmation.
| Original accepted bid | 10% of the first $10,000 | 5% of the amount over $10,000 | Required increase | Minimum first overbid |
|---|---|---|---|---|
| $500,000 | $1,000 | $24,500 | $25,500 | $525,500 |
| $650,000 | $1,000 | $32,000 | $33,000 | $683,000 |
| $800,000 | $1,000 | $39,500 | $40,500 | $840,500 |
| $1,000,000 | $1,000 | $49,500 | $50,500 | $1,050,500 |
Examples computed from Probate Code section 10311(a), not figures from any Los Angeles case.
Every petition to confirm a sale runs this calculation for its own house: item 10 of the form, headed "Formula for overbids," works it from the accepted bid, and item 11 gives the "Required amount of first overbid" (Judicial Council, Report of Sale and Petition for Order Confirming Sale of Real Property (DE-260/GC-060), checked November 7, 2026).
I will run the 10311 math on the accepted bid in your petition myself and show you whether my figure and its item 11 agree. See how Justin works probate sales
Where do I find the accepted bid and the sale terms?
The sale terms are in the notice of sale, and the accepted bid is in the estate's petition to confirm the sale. A notice of sale must say whether the sale is private or by public auction, where bids will be received and the property's address, and it may also list terms and conditions of sale (CA Probate Code, California Probate Code section 10304, checked November 7, 2026).
The figure you overbid sits in the Judicial Council petition, form DE-260/GC-060, along with the deposit, the cash or credit terms, the purchaser's name and when and where the hearing will be held (Judicial Council, Report of Sale and Petition for Order Confirming Sale of Real Property (DE-260/GC-060), checked November 7, 2026). The deposit on that form belongs to the original buyer and says nothing about yours.
The Probate Division has courtrooms at the Stanley Mosk Courthouse, 111 N. Hill St. (Los Angeles Superior Court, Probate Division assignment changes, checked November 7, 2026), and Long Beach Department S09 also hears probate (Los Angeles Superior Court, probate courtroom broadcasts release, checked November 8, 2026). Stanley Mosk departments were renumbered on May 4, 2026 (Los Angeles Superior Court, Stanley Mosk renumbering release, checked November 7, 2026), so use the courthouse and department on the current petition.
Whatever terms the notice lists apply to your bid as well: bids must substantially comply with any terms specified in the notice of sale (CA Probate Code, California Probate Code section 10307, checked November 7, 2026).
Send me the notice of sale and the petition for the house you want, and I will list each term in them that your overbid has to match. Text (213) 262-5092
How much deposit do I bring, and in what form?
Bring the amount, in the form, that the notice of sale or the court sets for that sale. Probate Code section 10311 sets no dollar or percentage deposit for an overbidder and no form of payment (CA Probate Code, California Probate Code section 10311, checked November 8, 2026), so two Los Angeles estates can ask for different things.
When the sale calls for a cashier's check, the bank steps, from ordering it to replacing a lost one, are in our guide to preparing the cashier's check for an overbid.
For money already paid when the court confirms another bidder, read what happens to a deposit after a lost overbid.
Get the details from the estate's attorney in writing: the dollar figure, the form of funds and the exact name the payment goes to.
If the notice of sale for your house says nothing about a deposit, I will ask the listing agent when the estate plans to give overbidders its written deposit instructions. See how Justin works probate sales
What is the total cash picture from deposit to closing?
Add the rows that fit how you pay. A cash buyer adds the deposit, the balance and closing costs. A financed buyer adds the deposit already paid to the Loan Estimate's "Estimated Cash to Close," which already holds the down payment and closing costs, minus deposits paid, seller credits and other adjustments (CFPB, Loan Estimate explainer, checked November 8, 2026), so it takes the place of the balance and closing-cost rows; the loan is never part of your cash.
Closing costs are the upfront costs charged to get a loan and transfer ownership of the property, and they are paid at closing (CFPB, Loan Estimate explainer, checked November 8, 2026).
| Item | Where the figure comes from | When it is paid |
|---|---|---|
| Deposit | The sale's own terms (see the deposit section) | On the date in the estate's written terms |
| Balance of the price | The confirmed price, less your deposit and any loan amount | At closing |
| Closing costs | Escrow's estimate, and your Loan Estimate if you borrow | At closing |
| Estimated Cash to Close (financed) | Your Loan Estimate | At closing |
As an illustration only: a buyer paying all cash who wins at the $683,000 minimum from the first table needs $683,000 in cash, deposit included, plus closing costs.
Text me the top price you have in mind and the loan amount in your lender's letter, and I will build a total-cash worksheet with you that splits out the deposit, the balance and closing costs. Text (213) 262-5092
How do I set my top bid before the hearing?
Set it between a floor and a ceiling you already have: the item 11 minimum on the petition is the floor, and the highest price your cash and committed loan can pay after closing costs is the ceiling. Write the ceiling down before hearing day, so the number you carry into the courtroom is one you chose at your desk.
A written ceiling matters because the court does not stop at the first qualifying overbid. If more than one offer meets the 10311(a) requirements, the court accepts the highest and confirms the sale to that bidder, and it may instead decline a qualifying offer and order a new sale (CA Probate Code, California Probate Code section 10311, checked November 8, 2026).
See the house before you fix the ceiling. If the fiduciary 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 inspection, unless good cause is shown (Judicial Council, California Rules of Court, rule 7.451, checked November 6, 2026).
If you have not been inside the house yet, I will put a written request to inspect it to the listing agent before the hearing. See how Justin works probate sales
Take your number to the right courtroom
Before hearing day, I will check the courthouse, department and time on the current petition with you, so the bid you settled on reaches the right room.
What happens after the judge confirms the sale?
You move to closing through escrow. After confirmation the personal representative signs a deed to you that refers to the order confirming the sale, and a certified copy of that order is recorded with the county recorder (CA Probate Code, California Probate Code section 10314, checked November 8, 2026).
Once the judge signs your order, send me a copy and I will mark each term in it that escrow has to meet before closing. Text (213) 262-5092
If a buyer does not complete the purchase after confirmation, Probate Code 10350 lets the court vacate the sale and order a resale, and the buyer can be liable for the shortfall in price plus the costs and other damages the default causes (CA Probate Code, California Probate Code section 10350, checked November 8, 2026).
As your buyer's agent I prepare the numbers and the papers with you and work alongside the estate's attorney and your own; I am not an attorney or a lender, and I do not bid for you.
The court's order form, Judicial Council DE-265/GC-065, confirms the sale to the named buyer for a stated price on stated terms and directs the personal representative to deliver the conveyance on receipt of the money for the sale (Judicial Council, Order Confirming Sale of Real Property (DE-265/GC-065), checked November 7, 2026).
After escrow closes, I will look up the recording with you to confirm the deed and the certified copy of your order are both on file with the county recorder. See how Justin works probate sales
Frequently asked questions
Is there an overbid hearing in every probate sale?
No. With full authority, the personal representative can sell real property without court confirmation or a published notice of sale ( CA Probate Code, California Probate Code section 10503, checked November 7, 2026 ). Without independent authority, the sale must be confirmed by the court ( CA Probate Code, California Probate Code section 10308, checked November 7, 2026 ), and a representative with only limited authority needs court supervision to sell real property, as does a sale to the representative or the representative's attorney, with narrow exceptions ( CA Probate Code, California Probate Code section 10501, checked November 8, 2026 ). Even with full authority, the sale goes to a hearing if the representative asks for court supervision ( CA Probate Code, California Probate Code section 10500, checked November 8, 2026 ) or a person given notice objects in writing to the Notice of Proposed Action ( CA Probate Code, California Probate Code section 10589, checked November 8, 2026 ).
If the listing says the estate holds full authority, I will write your offer as a purchase contract while still walking you through the hearing steps in case the sale ends up in court. See how Justin works probate sales
Does the listing broker's commission change the minimum overbid?
No. The court works out the original bid and any higher offer without regard to a commission owed to an agent or broker, or to a bid condition that part of the bid be paid to one ( CA Probate Code, California Probate Code section 10311, checked November 8, 2026 ). The minimum stays the same whichever brokers sit on either side of the sale.
Do I need proof of funds to overbid?
Not by statute ( CA Probate Code, California Probate Code section 10311, checked November 8, 2026 ); our proof-of-funds guide for Los Angeles overbids covers who may still ask you for it and which documents fit.
Can the buyer file the petition if the estate does not?
Yes. If the personal representative does not file the report of sale and petition for confirmation within 30 days after the sale, the purchaser may file it ( CA Probate Code, California Probate Code section 10308, checked November 7, 2026 ). That rule matters most to an original buyer whose accepted offer is still waiting for a hearing date.
If your own accepted offer is waiting on a petition, text me your sale date and I will track the 30 days with you and raise it with the listing agent when they pass. Text (213) 262-5092
Does the property have to be appraised before the sale is confirmed?
Yes, for a private sale. The property must have been appraised within one year before the confirmation hearing, and the price offered must be at least 90 percent of that appraised value ( CA Probate Code, California Probate Code section 10309, checked November 8, 2026 ). A new appraisal can be obtained before confirmation if the last one is more than a year old or the court is satisfied it is too high or too low ( CA Probate Code, California Probate Code section 10309, checked November 8, 2026 ).
Does the 10311 minimum apply to every round of bidding?
No. The formula governs the first overbid alone. Probate Code 10311 sets no increment for bidding after that first qualifying overbid ( CA Probate Code, California Probate Code section 10311, checked November 8, 2026 ), so later steps come from the notice of sale terms or from the court at the hearing.
Put your overbid money on one page
Before you settle on a number, I will fill in a cash-to-close worksheet with you line by line, so your deposit, the rest of your cash toward the price and your closing costs add up to one figure, with the loan shown on its own line.
Sources
- California Probate Code section 10311, California Probate Code (california.public.law). Checked November 8, 2026.
- Report of Sale and Petition for Order Confirming Sale of Real Property (DE-260/GC-060), Judicial Council of California (courts.ca.gov). Checked November 7, 2026.
- California Probate Code section 10304, California Probate Code (california.public.law). Checked November 7, 2026.
- Probate Division assignment changes, Superior Court of California, County of Los Angeles (lacourt.org). Checked November 7, 2026.
- probate courtroom broadcasts release, Superior Court of California, County of Los Angeles (lacourt.org). Checked November 8, 2026.
- Stanley Mosk renumbering release, Superior Court of California, County of Los Angeles (www-web3.lacourt.org). Checked November 7, 2026.
- California Probate Code section 10307, California Probate Code (california.public.law). Checked November 7, 2026.
- Loan Estimate explainer, Consumer Financial Protection Bureau (consumerfinance.gov). Checked November 8, 2026.
- California Rules of Court, rule 7.451, Judicial Council of California (courts.ca.gov). Checked November 6, 2026.
- California Probate Code section 10314, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10350, 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 7, 2026.
- California Probate Code section 10503, California Probate Code (california.public.law). Checked November 7, 2026.
- California Probate Code section 10308, California Probate Code (california.public.law). Checked November 7, 2026.
- California Probate Code section 10501, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10500, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10589, California Probate Code (california.public.law). Checked November 8, 2026.
- California Probate Code section 10309, California Probate Code (california.public.law). Checked November 8, 2026.
About the author
Justin Borges
REALTOR® | CA DRE #01940318
Justin represented two buyers in California probate court-confirmation and overbid matters in 2026.
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.
