Required Forms for Selling Real Estate in Probate (Orange County vs. LA)

To sell real estate through probate in California, you typically need court forms such as the Petition for Probate (Form DE-111), Inventory and Appraisal (Form DE-160), and court approval documents. Los Angeles and Orange County follow the same state probate laws, but local procedures, court timelines, and required attachments can differ slightly.

What Are the Basic Probate Forms Required to Sell a Home in California?

If you’re managing a probate estate in California and need to sell a home, there are a few critical forms you must complete, regardless of the county:

• Petition for Probate (Form DE-111): This opens the case and begins the probate process.

• Order for Probate (Form DE-140): Official court order appointing an executor or administrator.

• Letters (Form DE-150 or DE-157): Confirms the authority to act on behalf of the estate.

• Notice of Proposed Action (Form DE-165): Used when selling real property without court confirmation under IAEA authority.

• Inventory and Appraisal (Form DE-160 & DE-161): Lists all estate assets including the real estate being sold.

• Report of Sale and Petition for Order Confirming Sale (Form DE-260): Required for court-confirmed sales.

What’s Different About Selling Probate Property in Orange County vs. Los Angeles?

While the forms are state-issued and identical, local court preferences and procedures differ. Here’s what to know:

Factor Los Angeles County Orange County

Filing backlog Often heavier, with longer Generally quicker to get on

hearing wait times the court calendar

Confirmation hearings More common, especially if Judges may be more likely to

IAEA powers not granted approve Independent

Administration

Local rules LA probate court requires strict Orange County tends

compliance with local rules to be more flexible but

missed formatting = delay still expects completeness

Real estate LA judges sometimes ask for OC often accepts standard sale

documentation more comps or BPO justification packages if executor is granted

at sale hearings full authority

When Do You Need Court Confirmation to Sell Probate Real Estate?

This depends on whether the court granted the Independent Administration of Estates Act (IAEA) authority:

• Full IAEA: No court confirmation required. Use a Notice of Proposed Action (Form DE-165).

• Limited or No IAEA: Requires court confirmation, triggering overbidding rules and court oversight.

In both LA and OC, it’s common for attorneys to request full IAEA powers to simplify the real estate sale.

Tips for Executors in LA and OC When Selling Real Estate

• Double-check local rules: Both counties post local rules online; your attorney or probate realtor should review them.

• Document everything: Have a full market analysis, signed listing agreement, and clean purchase offer ready.

• Expect delays in LA: If you’re in a rush, court-confirmed sales in LA can take 90+ days longer than full-IAEA sales.

• Use a probate specialist: A realtor experienced with court forms, timelines, and disclosures can save you months.

Can I Use the Same Realtor in Orange County and Los Angeles?

Yes but make sure they’re a probate-certified specialist with experience in both counties. Probate procedures are niche, and an ordinary listing agent may not understand the legal deadlines, disclosure forms, or confirmation requirements.

At The Borges Real Estate Team, we’ve handled sales from Pasadena to Costa Mesa, including homes under court supervision and those with full IAEA powers.

Final Thoughts: It’s Not Just About the Forms — It’s About the Process

Having the right forms is just one step in a successful probate sale. Knowing how and when to use them and how to navigate each county’s quirks is the real key.

If you’re unsure what forms you need, whether your sale requires court confirmation, or how to price and prepare the home, we’re here to help.

Looking for help with your probate property in Los Angeles or Orange County?
Start here: The Borges Real Estate Probate Services