What Are the Rules for Probate Property Transfers in Los Angeles?

In Los Angeles, probate property transfers are governed by California Probate Code. If a decedent died with a will, the executor must petition the probate court to approve the transfer. If there’s no will, the court appoints an administrator. Real estate can’t be transferred until the court grants authority—either with Full Authority or Limited Authority under the Independent Administration of Estates Act (IAEA). Court confirmation is required for most sales under Limited Authority.

What Is a Probate Property Transfer?

A probate property transfer happens when ownership of real estate is passed from a deceased person’s estate to an heir, beneficiary, or buyer during or after probate court proceedings.

In Los Angeles County, this is a legal process that involves several steps and must follow state probate laws carefully to avoid delays or invalid transactions.

When Can a Probate Property Be Transferred in Los Angeles?

You can’t transfer a probate property immediately after someone passes. There are specific requirements that must be completed first:

Here’s what must happen before a transfer:

1. File the probate petition with the Los Angeles County Superior Court.

2. Court appoints an executor (if there’s a will) or administrator (if there’s no will).

3. Receive Letters Testamentary or Letters of Administration—legal proof of authority.

4. Determine the estate’s value, including getting a Probate Referee appraisal for real property.

5. Notify all heirs and interested parties.

6. Petition for court confirmation of sale (if Limited Authority under IAEA applies).

Only after these steps can a transfer be initiated.

What Are the Two Main Types of Authority in California Probate?

Probate real estate transfers in Los Angeles depend heavily on the type of authority the executor/administrator has under the IAEA:

1. Full Authority

• No court confirmation needed to transfer or sell the property.

• Executor/administrator can sign deeds, open escrow, and record the transfer.

2. Limited Authority

• Must get court confirmation to transfer or sell property.

• Requires publication of sale, formal court hearing, and potential overbids.

Most heirs and probate agents in Los Angeles prefer Full Authority because it speeds up the sale and transfer process.

How Does Court Confirmation Work in Los Angeles?

If the executor only has Limited Authority, here’s how the court confirmation process for a property transfer works:

1. File a Notice of Proposed Action—giving heirs 15 days to object.

2. Schedule a court date for approval of the sale.

3. Publish notice in a local newspaper (e.g., the Los Angeles Daily Journal).

4. Accept offers—but court allows overbids on the day of confirmation.

5. Judge confirms the sale, and the administrator can complete the transfer.

Do All Heirs Have to Agree on the Transfer?

Not necessarily. In California probate law:

• If one person is legally appointed as the executor/administrator, they control the sale, not the heirs.

• However, if a dispute arises, heirs can object in court, which may delay or block the transfer.

It’s always best to work with a probate specialist in Los Angeles who can help mediate disputes and ensure compliance with the court.

Can You Transfer a Probate Property to an Heir Without Selling?

Yes. If the property is to be distributed to an heir rather than sold, it still must be approved by the court:

• The personal representative must file a Petition for Final Distribution.

• The court must approve the distribution.

• A court-certified deed must be recorded with the Los Angeles County Registrar-Recorder’s Office.

Only then is the property officially transferred to the heir’s name.

What If the Property Has a Mortgage or Liens?

Before a probate property is transferred:

• All liens, mortgages, and debts must be settled or disclosed.

• The estate can sell the property and pay off debts with proceeds.

• Alternatively, the heir can accept the property subject to existing liens, but this must be clear in the court order.

Do You Need a Real Estate Agent for a Probate Property Transfer?

Yes—and ideally one with probate expertise.

Working with a Los Angeles probate real estate agent like The Borges Real Estate Team ensures:

• Accurate court timelines are followed.

• Proper disclosures and notices are filed.

• The property is marketed and sold (or transferred) legally and efficiently.

What’s the Timeline for a Probate Property Transfer in Los Angeles?

Here’s a rough outline for a typical probate transfer:

Step Estimated Timeline

File for probate 1–4 weeks after death

Court hearing ~45 days from filing

Letters issued Within 2months

Sale process (Full Authority) 30–60 days

Sale process (Limited Authority) 90+ days

Court confirmation (if required) 30–45 days

Recording the deed Within 10 days after close or distribution

The entire process may take 6–12 months in Los Angeles County, depending on complexity.

Local Tip for Los Angeles Heirs

If you're dealing with a probate property in Los Angeles, especially in neighborhoods like Highland Park, Boyle Heights, or Mid-City with rapidly changing property values, make sure to:

• Get a current market valuation

• Confirm your administrator’s authority level

• Work with a real estate team who specializes in LA probate

Need Help Navigating a Probate Property Transfer?

Whether you're selling, transferring to an heir, or just starting probate—we’re here to help.

📩 Contact The Borges Real Estate Team for expert probate support in Los Angeles County and beyond.