Can You Sell a House in Probate Before the Process Is Completed in Los Angeles?

Yes, you can sell a house in probate in Los Angeles before the probate is completed — but only under certain legal conditions. You’ll need court approval, and the executor or administrator must follow specific steps, especially if full authority was not granted under California’s Independent Administration of Estates Act (IAEA). This process is known as a probate sale, and it allows heirs to sell the property before probate closes — often to cover debts, distribute assets, or avoid property deterioration.

🧭 Overview:

Selling a home during probate in Los Angeles can be a strategic move — especially if the estate needs liquidity or if heirs want to avoid ongoing maintenance and taxes. But it must be handled properly, or the sale could be blocked or invalidated.

🔎 What Is a Probate Sale in Los Angeles?

A probate sale happens when the court allows a property to be sold during the probate process. The executor or administrator (with court oversight or authority under the IAEA) handles the transaction.

There are two key forms of authority granted in California:

• Full Authority under IAEA: Allows the representative to sell without court confirmation (faster, more flexibility).

• Limited Authority under IAEA: Requires court confirmation and usually follows a specific overbid process.

🧾 Can You Sell the House Before Probate Is Completed?

Yes — here’s when and how:

✅ When It’s Allowed:

• The court has appointed an executor or administrator

• That person has legal authority to act on behalf of the estate

• The property is part of the probate estate (not held in a trust or joint tenancy)

• Creditors are notified and have had time to file claims

❌ When It’s Not Allowed:

• Probate hasn’t been filed or letters of administration aren’t yet granted

• The home is tied up in title disputes

• There’s a will contest or legal challenge

• The executor doesn't have the court’s permission or proper authority

🔁 What Does the Probate Property Sale Process Look Like?

In Los Angeles County, here’s a step-by-step breakdown:

1. File for Probate and Get Appointed

• You’ll need “Letters Testamentary” or “Letters of Administration” from the court.

2. Determine Type of Authority

• If full authority is granted, you may proceed with fewer court hurdles.

3. Hire a Probate-Specialized Real Estate Agent

• Like The Borges Real Estate Team — we specialize in navigating probate sales and can help with disclosures, pricing, cleanup, and buyer screening.

4. Get the Home Appraised

• The sale must reflect market value. Court often reviews this during approval.

5. File Notice of Proposed Action (if under full authority)

• This gives interested parties 15 days to object before the sale proceeds.

6. Court Confirmation (if required)

• For limited authority sales, a hearing is held and open bidding may occur.

💡 Tips for Selling a Probate Home Faster

• Use a probate-savvy real estate team that understands court timelines

• Price based on the appraisal to avoid delays

• Clean out and stage the home early to avoid long market time

• Disclose everything properly to avoid legal complications

🌆 Local Insight: How It Works in Los Angeles County

In Los Angeles, many probate cases fall under the IAEA — but court approval is still common. The Los Angeles Superior Court has a Probate Division that oversees these sales, and timelines can vary based on backlog.

If you’re in Pasadena or anywhere in LA County, it’s smart to work with an agent who understands local court expectations and can keep things moving during your probate window.

🤝 Need Help Selling a Probate Home?

At The Borges Real Estate Team, we’ve helped many LA families sell homes before probate is finalized — saving them time, stress, and holding costs.

Whether you have full authority or need help navigating court confirmation, our probate-trained experts can guide the process from start to finish.