How to Sell a House in Probate in California (Step-by-Step 2026)
IAEA vs. court confirmation explained clearly. Statutory fees, overbid rules, and the 15-day notice window - everything an executor needs to know before calling an agent.
Selling a house in California probate involves opening the estate, obtaining legal authority (Letters Testamentary), getting a probate referee appraisal, listing the property, and closing escrow. With IAEA full authority, you can bypass court confirmation and close in 30 to 45 days. Without it, a court confirmation hearing adds months and opens the sale to overbidding. Here is the complete process - both paths - in plain language.
- You Just Got the Letters - Now What?
- The Two Paths: IAEA vs. Court Confirmation
- The IAEA Path - Step by Step
- The Court Confirmation Path - Step by Step
- California Probate Sale Timeline
- How Much Does Probate Cost?
- What Makes a Probate Sale Different
- Why the Agent You Choose Matters
- Tax Considerations on Inherited Property
- When Heirs Disagree About Selling
- Five Mistakes Executors Make
- Quick Reference Cheat Sheet
- Trust Sale vs. Probate Sale
- Related Probate Resources
- Frequently Asked Questions
You Just Got the Letters - Now What?
You are probably holding Letters Testamentary that feel like a foreign document. Or you have just been appointed administrator for a parent who died without a will, and a probate attorney handed you a thick packet explaining that you now have authority over assets you have never managed. The house is sitting vacant. Property taxes are due. Your siblings are calling. You are expected to act like you know exactly what to do.
You are not alone. The California probate process is one of the most opaque corners of real estate law, and most executors come into it without any background in real estate or estate law. I have closed 14 probate and trust sales across the SGV in the last three years, and almost every executor I work with starts from the same place: overwhelmed, unsure of the process, and worried about making an expensive mistake.
This guide explains the process completely - the legal path, the real estate steps, the fees, and the decisions you actually need to make. If at any point you want to talk through your specific situation, call me directly at (213) 262-5092. There is no obligation and no charge for the call.
Executors, administrators, and heirs who are responsible for selling a house that is in the California probate process. Whether the property is in Pasadena, Alhambra, Glendale, Arcadia, or anywhere in Los Angeles County, the state process is the same - but local court timelines vary significantly.
Not Sure Where Your Estate Stands?
One 15-minute call with Justin will tell you whether you have IAEA authority, what the property is likely worth, and what your realistic timeline looks like.
The Two Paths: IAEA Full Authority vs. Court Confirmation
This is the single most important decision point in any California probate sale, and most executors do not know it exists until a probate attorney or experienced real estate agent explains it. California's Independent Administration of Estates Act (IAEA), codified at Probate Code Sections 10400 through 10564, allows a personal representative to sell real property without court supervision - if the court granted full authority when the estate was opened.
If the court granted full IAEA authority when the estate was opened, you can sell the house without a court confirmation hearing, without overbidding, and in as little as 30 to 45 days from listing. This can cut months off the process and put more money in heirs' hands sooner. Ask your probate attorney whether your letters include full or limited authority.
| Factor | IAEA Full Authority | Court Confirmation (No IAEA) |
|---|---|---|
| Court Hearing Required? | No - No court hearing needed | Yes - mandatory hearing |
| Overbidding Risk | None - accepted offer stands | Yes - open to overbids at hearing |
| Notice to Heirs Required? | Yes - 15-day NOPA period | Yes - 15 days before hearing |
| Sale Timeline (from listing) | 30 to 45 days | 4 to 6 months minimum |
| Total Probate Timeline | 9 to 12 months (typical) | 12 to 18+ months (LA County: 18-24 months) |
| Minimum Sale Price | No 90% rule - market price applies | Must be at least 90% of appraised value |
| Buyer Commitment Risk | Low - standard escrow | Higher - buyers may lose to overbidder at hearing |
| Buyer Pool Size | Larger - all buyers qualify | Smaller - court process deters many buyers |
If you have limited authority - or the estate was opened without any IAEA authority - court confirmation is required. That is not necessarily a problem. It just means a different process, a longer timeline, and the possibility of overbidding at the hearing. Understanding which path you are on changes every downstream decision.
Which Path Are You On?
Justin can review your letters with you and tell you exactly what your authority level means for the sale process and timeline.
FREE WEBINAR — EVERY WEDNESDAY AT 11AM PDT
Inherited Property in California: What Heirs Need to Know
Justin walks through probate, IAEA, AB 2016, trust sales, and what to do in the first 30 days after inheriting a California property. Free. Online. No sales pitch.
Reserve Your Free Spot →The IAEA Path - Step by Step
If the court granted full IAEA authority, this is your process. It runs faster than most executors expect, and it does not require a court appearance for the sale itself. Each step below is a real action with a real deadline or deliverable.
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1Hire a California Probate Attorney
File the Petition for Probate and request full IAEA authority. Your attorney prepares the petition, notifies heirs, and appears at the initial hearing to open the estate. This is not optional - California requires court-supervised estate administration. The filing alone typically takes 4 to 8 weeks before the first hearing.
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2Receive Letters Testamentary or Letters of Administration
Once the judge signs the Order Opening Probate, the court clerk issues Letters - either Testamentary (if there was a will) or Letters of Administration (if there was not). These documents are your proof of authority. Without them, you cannot sign purchase contracts, open escrow, or transfer title. Keep certified copies ready - title companies will require them.
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3Get the Probate Referee Appraisal
The court assigns a state-appointed Probate Referee to appraise the property. This appraisal must be included in the Inventory and Appraisal filing, due within 4 months of the Letters being issued. The appraisal establishes the property's fair market value as of the date of death. With full IAEA authority, you are not legally bound to the 90% threshold, but the referee's number still informs your pricing strategy.
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4List With a Probate-Experienced Agent
Price the property based on current market comparables, not just the referee appraisal (which is based on date-of-death value). Your agent handles the California Residential Purchase Agreement (PRDS or CAR), the required probate addenda, and the Transfer Disclosure Statement (TDS) that reflects your limited knowledge as executor. This is where working with an agent who has done probate before makes a real difference - the paperwork is different, and pricing an estate property requires an understanding of as-is buyer expectations.
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5Accept an Offer and Send the Notice of Proposed Action (NOPA)
Once you accept an offer, send a Notice of Proposed Action to all heirs and beneficiaries. They have 15 days to object. If an heir objects, the matter goes back to court. If no one objects within 15 days - or all heirs sign a waiver of notice - escrow proceeds without any court involvement. Most IAEA sales clear the NOPA period without issues.
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6Open Escrow and Close
Escrow opens, contingencies run, and the transaction closes like a standard sale - except the seller on title is the estate, represented by you as executor or administrator. Sale proceeds go into the estate account. They are distributed to heirs only after the probate court approves the final accounting, which happens at the final hearing.
From opening the estate to close of escrow: roughly 9 to 12 months in a typical LA County case with full IAEA authority. The sale itself - from list to close - takes 30 to 45 days. The rest is estate administration before and after the sale.
Ready to List the Probate Property?
Justin works directly with probate attorneys across the SGV and Pasadena area. He knows the paperwork, the timelines, and what buyers expect in an as-is probate sale.
The Court Confirmation Path - Step by Step
If the estate has only limited IAEA authority - or no IAEA authority at all - every real property sale must go through court confirmation. This adds a formal hearing, a 30-day (minimum) waiting period after the petition is filed, and the possibility of overbidding at the hearing. It is more complex, but it is a defined process. Here is how it works.
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1Steps 1 Through 4 Are the Same
Open the estate, receive Letters, get the probate referee appraisal, and work with an agent to price and list the property. The key difference: the sale price must be at least 90% of the probate referee's appraised value. This is California's legal floor for court confirmation sales.
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5Accept an Offer Subject to Court Confirmation
The accepted offer is not final. It is a conditional acceptance, subject to court approval. The buyer knows this going in. They are essentially agreeing to show up at a court hearing 30 to 45 days later where anyone can overbid them. This is a real risk for buyers, which is why the pool of willing buyers is smaller for court confirmation sales than for IAEA sales.
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6File the Petition for Court Confirmation
Your probate attorney files a Petition to Confirm Sale of Real Property within 30 days of the accepted offer (required by California Probate Code Section 10308(b)). The court schedules a hearing. Notice of the hearing is mailed to all heirs and interested parties at least 15 days before the date.
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7Attend the Court Confirmation Hearing - Overbidding Allowed
The hearing is open to the public. Any person who shows up can attempt to overbid the accepted offer. California Probate Code Section 10311 sets the minimum overbid formula: the first overbid must equal the accepted offer, plus 10% of the first $10,000, plus 5% of the remainder. On a $600,000 accepted offer, the minimum first overbid is $630,500. After the first overbid, the court sets increment sizes - typically $1,000 to $5,000 - and bidding continues until no one offers more. The court confirms the highest bid.
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8Court Issues Order Confirming Sale
If the original buyer wins (no overbids), the court issues an Order Confirming Sale. If an overbidder wins, they become the new buyer, and your original buyer receives their deposit back. Either way, escrow now opens (or continues if it had already opened), and the sale proceeds to close.
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9Close Escrow and File Final Accounting
Escrow closes, title transfers, and proceeds go to the estate. The final step is a petition to the court for final distribution, which requires accounting for all estate income and expenses. This final hearing often happens several months after the sale closes.
Accepted offer: $700,000
10% of first $10,000 = $1,000
5% of remaining $690,000 = $34,500
Minimum first overbid: $735,500
Subsequent bids increase in court-set increments, typically $1,000 to $5,000.
- Competitive bidding can push the final price above market
- The estate benefits from any overbid, not just the original buyer
- Court provides independent price validation
- Heirs are less likely to challenge a court-confirmed price
- Smaller buyer pool - court process deters conventional buyers
- Original buyer may walk, leaving you at the hearing with a new buyer
- 4 to 6 weeks added to timeline for hearing alone
- Higher carrying costs for estate (taxes, insurance, maintenance)
Navigating a Court Confirmation Sale?
Justin has represented sellers through court confirmation hearings at the Pasadena Courthouse. He knows how to price for the overbid floor and how to prepare buyers so they do not walk at the hearing.
California Probate Sale Timeline - What to Expect
The most common question I get from executors is: "How long will this take?" The answer depends on whether you have IAEA authority, how complex the estate is, and - critically - which county the property is in. Los Angeles County's Superior Court has heavy dockets. Cases that might close in 9 months in a smaller county often take 18 to 24 months in LA County.
| Scenario | Typical Total Timeline | Notes |
|---|---|---|
| IAEA Full Authority - simple estate | 9 to 12 months | Sale closes in 30-45 days once listed; remainder is admin before/after |
| IAEA Full Authority - contested by heirs | 12 to 18 months | Heir objection during NOPA period requires court intervention |
| Court Confirmation - simple estate | 12 to 18 months | Hearing adds 4-6 weeks minimum; LA County backlogs add more |
| Court Confirmation - LA County backlog | 18 to 24 months | Standard for LA County Superior Court currently |
| Trust sale (not probate) | 30 to 60 days | Successor trustee sells directly - no court involvement at all |
| ⚡ Small estate: AB 2016 affidavit (under $750K primary residence) | 2 to 4 months | No probate court required. Simplified affidavit only. |
AB 2016: The Probate Shortcut Most SGV Families Don't Know About
California AB 2016, which took effect April 1, 2025, quietly changed everything for a large percentage of SGV and Pasadena estate situations. It raised the threshold for transferring a deceased parent's primary residence by affidavit (no probate court involvement required) from $166,250 to $750,000.
In plain terms: if your parent's home is worth $750,000 or less and it was their primary residence, a qualifying heir may be able to transfer title and sell the property using a simple Petition to Determine Succession to Real Property. No probate petition, no Letters Testamentary, no 12-month wait.
In the SGV, where homes in the $600K–$750K range are common (think Alhambra, Monterey Park, parts of Monrovia and Duarte), this law makes a dramatic difference. Families that would have spent 12–18 months and thousands in statutory fees in probate court can now close in 2–4 months for a fraction of the cost.
Justin's AB 2016 Fast Track
I work with a probate attorney in the SGV who handles AB 2016 petitions for a modest flat fee, typically well under what a full probate engagement would cost. If your parent's home qualifies, we can often be in escrow in 60 days or less. Call me first and I'll tell you within 10 minutes whether your situation qualifies.
One detail worth knowing: California law gives creditors four months from the date Letters are issued to file claims against the estate. Even if there are no known debts, the estate typically cannot make a final distribution until that creditor period expires. The sale can close before that window ends, but heirs will not receive proceeds until the final court accounting is approved.
Want a Timeline for Your Specific Situation?
Justin can walk through your estate's circumstances and give you a realistic expectation - not a generic range.
How Much Does Probate Cost When Selling a House in California?
This is where most executors get a surprise. California uses a statutory fee schedule for both attorney fees and executor compensation - based on the gross value of the estate, not the net value after debts. That means if your parent's house is worth $900,000 and still has a $200,000 mortgage, the fees are calculated on $900,000, not $700,000.
Under California Probate Code Section 10810 and Section 10800, both the probate attorney and the executor are each entitled to the same statutory fee. That means the total fee burden is effectively doubled:
| Estate Value Tier | Fee Rate | Attorney Fee (that tier) | Executor Fee (same amount) |
|---|---|---|---|
| First $100,000 | 4% | $4,000 | $4,000 |
| Next $100,000 (up to $200K) | 3% | $3,000 | $3,000 |
| Next $800,000 (up to $1M) | 2% | Up to $16,000 | Up to $16,000 |
| Next $9,000,000 (up to $10M) | 1% | Up to $90,000 | Up to $90,000 |
Attorney statutory fee: $4,000 + $3,000 + $14,000 = $21,000
Executor statutory fee: $21,000
Total statutory fees: $42,000
Plus: court filing fees (~$450-$500), publication costs (~$200-$400), probate referee fee (~$150-$450), agent commission (standard - no probate premium), any extraordinary fees (contested estate, tax issues, multiple hearings).
Note: Executors who are also heirs often waive their statutory fee to save the estate money - ask your attorney whether this makes sense for your situation.
There is no "probate premium" added to the real estate commission in California. Agent fees for a probate sale are the same as any other sale. Any agent who charges extra specifically because a property is in probate is not required to do so under California law - and you should ask why.
For what it is worth: I charge standard commission on all my probate listings. The complexity of the process is why you hire an experienced probate agent - not a reason to pay more.
Questions About Probate Costs?
Call or text Justin to get a clear picture of what the fees look like for your estate - including whether waiving executor fees makes sense.
FREE WEBINAR — EVERY WEDNESDAY AT 11AM PDT
Inherited Property in California: What Heirs Need to Know
Not sure whether IAEA or court confirmation applies to your situation? Join Justin live. He answers executor questions every week. Free and online.
Reserve Your Free Spot →What Makes a Probate Sale Different From a Regular Sale
A probate sale is not just a regular home sale with extra paperwork. The differences are structural, and they affect pricing, buyer expectations, disclosure obligations, and closing mechanics. Here is what actually changes.
A real estate agent who has not closed a probate sale before will likely make expensive mistakes - wrong disclosures, incorrect paperwork, pricing errors that trigger the 90% floor issue, or failure to manage the NOPA period correctly. These mistakes can cost the estate weeks or months and sometimes create legal exposure for the executor.
As-Is Sales - What This Actually Means
Almost every probate sale in California closes as-is. The executor typically did not live in the property and has no personal knowledge of its condition. The Transfer Disclosure Statement (TDS) - required in all California residential sales - is completed by the executor, who is legally obligated to disclose only what they actually know. They are not required to make repairs or offer credits for deferred maintenance unless negotiated.
This matters for pricing. Buyers expect an as-is condition discount in probate sales, especially for older properties that have not been updated. Setting the right price means accounting for as-is expectations without leaving money on the table. In my experience in the SGV and Pasadena Courthouse area, as-is probate properties that are priced correctly and photographed well attract multiple offers within the first week of listing.
Title and Existing Liens
Probate sales frequently surface title issues that the family did not know about - old liens, unpaid property taxes, easements, or ownership chain gaps. Title companies conduct a thorough search, and any clouds on title must be resolved before escrow can close. This is another area where an agent who has done probate knows to flag the title order early and work with the probate attorney to clear issues before they delay closing.
No Seller Occupancy - Property Condition Risks
Vacant properties create risk. Utilities may be disconnected, deferred maintenance accelerates, and vandalism or break-ins are more likely. For an estate that expects to go through 9 to 18 months of probate, property management during that window - including basic maintenance and security - is worth the cost. A property that sits vacant for a year without minimal upkeep will have inspection issues that suppress buyer offers.
Thinking About Listing Soon?
Justin can walk the property with you before you list - no cost, no obligation - and tell you what buyers are going to call out on inspection, what needs attention, and what you can leave as-is.
Why the Agent You Choose Matters - Especially in Probate
A probate sale is not a hardship for the right agent - it is a defined process they have navigated before. But it is genuinely complex for an agent who has not done it. Here is what a probate-experienced agent actually brings to the table.
Ask any agent you interview: How many probate or trust sales have you closed in the last 3 years? What courthouse do they typically appear at? Have they navigated a court confirmation hearing? An agent who hesitates or gives vague answers has not done many.
Probate is one of my core specialties, not an occasional transaction type. In the last three years, I have closed 14 trust and probate sales across the SGV - in Pasadena, Alhambra, Arcadia, Glendale, and surrounding communities. I work directly with probate attorneys who practice in the Pasadena Courthouse, which handles a significant share of LA County probate cases.
What I offer that a generalist agent does not: I know how probate referees approach appraisals, so I can tell you whether your referee's value is current enough to support your listing price - or whether a reappraisal might be worth requesting. I know how to handle overbid situations at court, which means the original buyer understands the risk and I have done the work to keep them committed. I guide executors through forms and paperwork they have never seen. And I charge the same commission I charge any other seller.
For related reading: What to Look for in a Probate Real Estate Agent in California and How to Sell Probate Property in Los Angeles.
Talk to Justin About Your Probate Property
No obligation. No sales pressure. Justin will tell you what you need to know, and you can decide whether it makes sense to work together.
Tax Considerations When Selling an Inherited Property in California
Most executors focus entirely on the sale mechanics and overlook the tax picture. That is understandable - you have enough to manage. But understanding two specific tax concepts before you close can save the heirs a significant amount of money. I always mention these to executors early, because once escrow closes it is too late to take advantage of some of them.
The Step-Up in Basis - The Single Most Valuable Tax Rule in Inherited Real Estate
When someone dies and leaves real property, the tax basis of that property is "stepped up" to the fair market value as of the date of death. This is one of the most favorable rules in the entire U.S. tax code for inherited property. In plain terms: if your parent bought a house in Pasadena in 1978 for $80,000, and it was worth $1,200,000 when they died, the estate's tax basis is $1,200,000 - not $80,000. The decades of appreciation are wiped out for capital gains purposes.
What this means practically: if the estate sells the house for $1,200,000 (or close to it), there may be little or no capital gains tax owed on the sale at the federal level. The gain is calculated from the stepped-up basis, not the original purchase price. For an executor managing a property that has appreciated substantially over decades - which describes most SGV and LA County properties held by long-term owners - this rule is enormously valuable. Consult a CPA or estate tax attorney before closing to make sure the estate is structured to use the step-up correctly.
Original purchase price (1982): $120,000
Fair market value at date of death: $950,000
New tax basis for the estate: $950,000
Sale price: $975,000
Taxable gain: $25,000 (not $855,000)
This is a simplified example. Work with a CPA for your specific situation.
California Property Tax - Proposition 19 and What It Means for Probate
California's Proposition 19, which took effect in 2021, significantly changed the rules for property tax transfers between parents and children. Before Prop 19, a child could inherit a parent's home and keep the parent's low Proposition 13 assessed value - even if they used it as a rental. Under Prop 19, the child must use the property as their primary residence to get any tax benefit, and even then, only up to $1,000,000 above the parent's assessed value transfers without reassessment.
For probate sales, this matters in one key way: if a sibling wants to keep the property rather than sell it, they need to understand that the property will likely be fully reassessed to current market value unless they move in as a primary residence. That reassessment can represent a very large jump in annual property taxes on a property that has been held for decades under the old assessed value. Some beneficiaries who initially resist selling change their minds once they understand the carrying cost of keeping the property under Prop 19 rules. Call Justin at (213) 262-5092 if you want to talk through the sell-vs-keep decision with someone who handles this regularly.
Ongoing Carrying Costs During the Probate Period
The estate is responsible for maintaining the property throughout the probate period. That means property taxes, homeowner's insurance, utilities (at minimum for weather protection), and basic maintenance. In LA County, property taxes on a $900,000 home run roughly $9,000 to $11,000 per year. A probate that runs 18 months means $13,500 or more in property tax alone before any carrying cost is recovered. Add insurance, utilities, and any emergency maintenance, and an estate that delays listing unnecessarily can erode significant value. Moving deliberately but efficiently matters.
Questions About the Tax Side of Your Probate Sale?
Justin works alongside estate CPAs and probate attorneys across the SGV. He can connect you with the right professionals for the tax questions and handle the real estate side himself.
When Heirs Disagree About Selling the Probate Property
Heir disagreements are one of the most common complications in California probate sales. They show up in different forms: one sibling wants to keep the property, another needs the cash immediately. One sibling lives in the house and does not want to move. One sibling suspects another of mismanaging the estate. These situations are emotionally charged and legally complex, but they are also resolvable with the right framework.
The Executor Has Authority, but Must Act in Good Faith
If the court granted full IAEA authority, the executor has legal authority to sell the property without a vote among heirs. The NOPA process gives heirs 15 days to object formally, but an objection does not automatically stop the sale. It triggers a court proceeding where the executor's decision is reviewed. Courts generally uphold executor decisions to sell if the sale price is fair and the executor has followed the required procedures. The executor's duty is to the estate, not to any one beneficiary's preference.
That said, most executor disputes are better resolved through communication and negotiation than litigation. If a sibling wants to keep the property, the estate can offer them the option to purchase the other heirs' shares at appraised value. If a sibling is living in the property rent-free, the estate may have a claim for fair rental value during the administration period. These are conversations best had with the probate attorney before they become court hearings. For more on this topic, see Selling Probate Property in Los Angeles.
If a beneficiary objects to the proposed sale during the 15-day NOPA period, the executor cannot close without going to court. At the court hearing, the judge reviews whether the proposed sale is in the estate's best interest. In practice, if the price is at or above market and the executor followed proper procedure, the court almost always approves the sale over a beneficiary's objection. The objection process is a safeguard, not a veto.
When a Sibling Is Living in the Property
This is the most common and most difficult scenario. A sibling who has been living in the decedent's home for months or years before death, and who continues to live there after death, creates both a legal and a personal complication. Legally, the executor has authority to take possession of and sell estate assets, including the home. The occupying sibling can be required to vacate as part of the sale process. But executing on that authority without triggering a family rupture requires careful handling. In most cases I have worked on in the Pasadena and SGV area, the right approach is to give the occupying sibling a defined timeline, work with the probate attorney to document the arrangement, and use the court process only if they refuse to cooperate.
Dealing With a Complicated Family Situation?
Justin has navigated heir disagreements, occupant siblings, and estate disputes across the SGV. He can tell you what is realistic and refer you to the right probate attorney for the legal piece.
Five Mistakes Executors Make When Selling Probate Property in California
I have seen all of these. Most are avoidable with the right information early in the process. Here are the ones that show up most often in the SGV and LA County probate sales I work on.
You do not have legal authority to sign a purchase agreement until Letters Testamentary or Letters of Administration are in hand. Some agents, under pressure from the executor, will start marketing before the Letters issue. This creates problems if an offer comes in before authority is confirmed. Do not list until you have certified Letters.
The probate referee appraises the property as of the date of death. If the market has moved since then, the referee's number may be stale. I have seen estates where the referee's appraisal was done 8 months before listing, and the market had softened by 6% in the interim. Pricing based on a stale appraisal means either overpricing (the property sits) or underpricing (the estate leaves money behind). Always request a current BPO or CMA alongside the referee appraisal.
Executors sometimes feel pressure to fix up the property before selling it. Certain repairs require court authorization, and any money spent from estate funds on improvements needs to be properly documented and included in the final accounting. Unauthorized spending from estate accounts can create legal exposure. Talk to your probate attorney before authorizing any work beyond basic maintenance and emergency repairs.
The Notice of Proposed Action (NOPA) must go to every heir and beneficiary who is entitled to notice under California Probate Code. Missing even one person can invalidate the notice and require the 15-day window to restart. Your probate attorney handles this, but it is worth confirming that the heir list is complete before the NOPA goes out. This is especially important in estates where there are multiple children from different relationships or where the decedent had not updated estate documents in years.
Escrow closes and money hits the estate account. Some executors, under pressure from heirs who want their distributions, move money out before the court has approved the final accounting. This is a serious breach of fiduciary duty and can expose the executor to personal liability. The creditor claim period (four months from Letters) must expire, and the court must approve the final accounting before distribution. Every dollar stays in the estate account until then.
Worried About Getting the Process Right?
Justin works alongside probate attorneys and guides executors through every step. A 15-minute call can clarify which stage you are at and what the next right move is.
Quick Reference: California Probate Sale Cheat Sheet
Everything you need to know at a glance. Print this and bring it to your first meeting with your probate attorney.
| Step | Who Does It | When | Key Detail |
|---|---|---|---|
| File Probate Petition | Probate Attorney | ASAP after death | Request full IAEA authority if no contrary will provision |
| Initial Hearing | Judge + Attorney | 4 to 8 weeks after filing | Court opens estate, appoints executor, issues Letters |
| Inventory & Appraisal | Probate Referee (appointed) | Within 4 months of Letters | Appraises real property as of date of death; valid 1 year |
| List the Property | Executor + Real Estate Agent | After Letters issued | Price based on current market, not just referee's number |
| Accept Offer | Executor | During active listing | IAEA: must meet 90%+ if court confirmation required; full IAEA: no floor |
| Send NOPA (IAEA Path) | Executor or Attorney | Immediately after accepted offer | 15-day notice to all heirs; can be waived by written consent |
| Court Hearing (Confirmation Path) | Attorney + Executor | 30 to 45 days after petition filed | Open to overbidders; minimum first overbid formula applies |
| Close Escrow | Escrow Company + Agent | Per contract terms | Title vests in buyer; proceeds go to estate account |
| Final Accounting & Distribution | Probate Attorney + Court | After creditor period (4 months from Letters) | Final hearing; court approves distribution to heirs |
Trust Sale vs. Probate Sale: Which One Applies to Your Situation?
Not every inherited property goes through probate. If the decedent had a living trust and properly transferred the property into it before death, the successor trustee can sell without any court involvement at all. Trust sales close in 30 to 60 days, just like a standard transaction. Understanding which category your property falls into is the first question to answer. For a full breakdown, see Trust Sale vs. Probate in California.
| Factor | Trust Sale | Probate Sale |
|---|---|---|
| Court involvement | None | Required to open estate; may be required for sale |
| Who has authority | Successor trustee (per trust document) | Executor or administrator (court-appointed) |
| Timeline to sell | 30 to 60 days | 30 to 45 days (IAEA) or 4 to 6 months+ (court confirmation) |
| Attorney required? | Recommended but not required for the sale | Required to open and administer the estate |
| Overbidding possible? | No | Only with court confirmation (no IAEA) |
| Heir notification | Per trust terms (varies) | Required NOPA (15 days) or court notice |
| Step-up in basis | Yes, same rules apply | Yes, same rules apply |
How do you know which situation you are in? Look at how title is held. If the property deed shows the owner as "The [Name] Family Trust" or similar, it is likely a trust asset and may not need to go through probate at all. If title is in the decedent's name individually, probate is almost certainly required. Pull the title report early and confirm with a probate attorney. I can refer you to several who handle SGV and Pasadena-area estates regularly.
Pre-Listing Checklist for Probate Properties
Once you have authority to list, the preparation work is the same as any other sale - but there are specific items that come up in almost every probate property I work on in the SGV. Run through this list before you call any agent.
| Item | Action | Notes |
|---|---|---|
| Letters Testamentary | Obtain certified copies (3 to 4) | Title company, buyer's lender, escrow will each require one |
| Property taxes | Confirm current or past due | Past-due taxes become a lien - must be paid at close |
| Utilities | Keep water and electricity active | Inspectors and buyers need access; prevent freeze/mold damage |
| Insurance | Notify insurer of vacancy | Standard homeowner's policies often exclude vacant properties |
| Personal property | Clear or identify all belongings | Estate sale or donation before listing photographs |
| Locks and security | Rekey all locks immediately | Anyone who had a key to the decedent's home should not have access |
| Known defects | Document everything you observe | TDS must reflect executor's actual knowledge - incomplete disclosure creates liability |
| Title search | Order early through escrow | Old liens, HOA dues, and easements surface here - better to know early |
| HOA status (if applicable) | Confirm dues current | HOA delinquencies become liens that must clear at close |
| Probate referee appraisal | Confirm date and current relevance | If appraisal is over 6 months old, request updated market analysis before pricing |
Ready to Walk Through the Property?
Justin will walk the property with you at no cost, run through this checklist on-site, and give you a realistic pricing range before you commit to any listing.
FREE WEBINAR — EVERY WEDNESDAY AT 11AM PDT
Inherited Property in California: What Heirs Need to Know
Before your next step, whether it's calling an attorney, listing the property, or figuring out which path applies to you, join Justin's free weekly webinar. 45 minutes. Real answers.
Reserve Your Free Spot →Frequently Asked Questions - California Probate Sales
How long does it take to sell a house in California probate?
With IAEA full authority, you can close the sale in 30 to 45 days from listing - the overall estate process takes 9 to 12 months in a straightforward case. Without IAEA (court confirmation required), expect 12 to 18 months, and in Los Angeles County specifically, often 18 to 24 months due to court backlogs. The property can sell while the estate is still open - you do not have to wait for the final distribution hearing to close escrow.
Call Justin at (213) 262-5092 for a timeline estimate specific to your estate.
Can I sell a house in California probate without going to court?
Yes - if the estate has IAEA full authority. With full authority, the only requirement is a 15-day Notice of Proposed Action (NOPA) sent to heirs before closing. If no one objects within 15 days, the sale proceeds without a court hearing. If you have limited authority, court confirmation is required and overbidding is possible. Ask your probate attorney which level of authority your Letters grant.
What is the overbid rule in a California probate court confirmation sale?
Under California Probate Code Section 10311, the minimum first overbid at a court confirmation hearing equals the accepted offer plus 10% of the first $10,000 plus 5% of the remainder. On a $600,000 accepted offer, that means the first overbid must be at least $630,500. After the first overbid, the court sets increment sizes - usually $1,000 to $5,000 - and bidding continues until the highest offer stands. The court then confirms that sale.
Does a California probate sale have to be as-is?
Not legally required, but almost all probate sales close as-is in practice. The executor typically has no personal knowledge of the property's condition and no obligation to make repairs on behalf of the estate. A Transfer Disclosure Statement (TDS) is still required, but it reflects the executor's limited knowledge. Buyers understand this, and experienced probate buyers price as-is condition into their offers.
Text Justin at (213) 262-5092 to discuss how to price correctly for as-is expectations in your area.
How much does probate cost in California when there is real property?
California's statutory fee schedule (Probate Code Section 10810) sets fees at 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000. Both the probate attorney and the executor receive these fees separately - effectively doubling the total. On a $900,000 estate, that is $21,000 for the attorney and $21,000 for the executor, totaling $42,000 in statutory fees before court costs or real estate commission. Executors who are also heirs often waive their fee.
What does a probate referee do in California?
A Probate Referee is a state-appointed appraiser assigned by the State Controller's Office to appraise estate assets. For real property, the referee establishes the fair market value as of the date of the decedent's death. This value must be filed with the court as part of the Inventory and Appraisal within 4 months of Letters being issued. For court confirmation sales, the sale price must be at least 90% of the referee's appraisal. For IAEA full authority sales, there is no 90% floor - current market pricing applies.
Do I need a special real estate agent for a probate sale?
There is no legal requirement for a specific license to represent a probate estate, but the practical difference is significant. Probate transactions require specific forms (probate addenda to the purchase agreement), a clear understanding of the NOPA process, coordination with the probate attorney, and pricing strategies appropriate for an as-is estate sale. An agent who has not closed a probate transaction before is learning on your estate's time and money. Call Justin at (213) 262-5092 - 14+ probate closings in the SGV, no probate premium fee.
Ready to Talk About Your Probate Property?
No obligation. No sales pressure. A straightforward conversation about where your estate stands, what the property is likely worth, and what the realistic path to closing looks like.
- 14+ probate and trust closings across the SGV in 3 years
- Standard commission - no probate premium fee, ever
- Direct relationships with probate attorneys at the Pasadena Courthouse
- 106% list-to-sale ratio - your estate gets full market value
Or email: justin@lametrohomefinder.com | 680 E Colorado Blvd Suite 180, Pasadena, CA 91101
