What Disclosures Are Required When Selling a Probate Property in California?

In California, when selling a probate property, the seller (usually the personal representative or executor) must provide only limited disclosures, unlike a standard sale. Most traditional seller disclosure forms—like the Transfer Disclosure Statement (TDS)—are not required. However, material facts that affect the property's value or desirability must still be disclosed, especially if the representative has personal knowledge of them.

What Makes Probate Disclosures Different?

Probate sales are exempt from many traditional disclosure requirements under California law. Here’s why:

• The executor or administrator is often not the former occupant, and therefore, can't complete detailed disclosure forms in good faith.

• The sale is typically governed by court oversight or the Independent Administration of Estates Act (IAEA).

• Probate sales are often sold “as-is,” limiting repair obligations.

That said, disclosure obligations still exist—especially regarding known defects.

Required Disclosures in a California Probate Sale

Even though many standard forms are optional, California law requires disclosure of any known material defects. Here's what typically must be disclosed:

Disclosure Type Required in Probate Sale? Notes

Transfer Disclosure Statement (TDS) ❌ Not Required Exempt under Probate Code

Natural Hazard Disclosure (NHD) Report ✅ Required Always required in CA sales

(NHD) Report

Lead-Based Paint Disclosure ✅ Required (if built <1978) Federal law

Material Defects (e.g. roof, mold) ✅ Required if known Must disclose anything known

that could affect value

Death on Property ✅ Required (within 3 years) Even if natural causes

Smoke/Carbon Monoxide ✅ Required Must be installed prior to sale

Detectors

What If the Executor Knows Nothing About the Property?

Good question.

If the personal representative has no actual knowledge of the condition of the property (common in probate sales), they typically:

• Do not fill out the TDS or Seller Property Questionnaire.

• May use “Exempt Seller Disclosure” forms to clarify their limited role.

• Must still disclose any known issues (e.g. fire damage, leaks, unpermitted work, etc.).

Are You Required to Disclose a Death in the Home?

Yes—under California Civil Code §1710.2, you must disclose:

• If someone died on the property within the last 3 years, regardless of cause.

• If asked, you must answer truthfully regardless of the time elapsed.

This applies even in probate sales.

What About Court Confirmation Sales?

If the probate property requires court confirmation:

• Disclosure rules do not change, but

• Buyers often purchase the property “as-is” and accept limited information.

Still, a failure to disclose known material defects—even in court-overseen sales—could create legal exposure.

Is a Natural Hazard Disclosure (NHD) Report Still Needed?

Yes. Probate sales must still provide an NHD report, which outlines:

• Fire zones

• Flood zones

• Earthquake fault lines

• Seismic hazards

• Other state-mandated disclosures

In Los Angeles County, properties near canyons or hillsides often fall into high fire risk zones—this must be disclosed.

What Happens If You Don't Disclose?

Failing to disclose known issues—especially structural or safety-related ones—can lead to:

• Buyer lawsuits after closing

• Delays in closing escrow

• Loss of buyer confidence

• Potential court sanctions (if part of a court-confirmed sale)

Even in probate, disclosure matters.

Best Practices for Probate Sellers in Los Angeles County

To protect yourself legally and attract serious buyers, follow these steps:

1. Hire a qualified probate real estate specialist in LA County (like our team).

2. Order an NHD report and preliminary title report early.

3. Use Exempt Seller Disclosure forms when applicable.

4. Still disclose any known issues, no matter how minor.

5. Consider pre-inspections if you suspect major defects.

Local Insight: LA County Probate Sales and Disclosure Trends

In Los Angeles County, many probate homes are older and may have:

• Deferred maintenance

• Unpermitted additions

• Hazardous materials (like asbestos or lead-based paint)

While probate sellers are protected from most liability, disclosing honestly and early builds trust and keeps your deal on track.

If you're navigating a probate sale in Los Angeles and want expert help handling disclosures, marketing, and court timelines contact us here. We're here to make the process smooth and successful.