Can I Sell a House in Probate Without Going Through the Full Court Process in Los Angeles?

Yes, in some cases you can sell a house in probate without going through the full court process in Los Angeles. This is possible if the estate qualifies under the Independent Administration of Estates Act (IAEA), or if the property was held in a living trust, transferred via a Transfer-on-Death (TOD) deed, or falls under the protections of AB 2016, a recently passed law that strengthens and streamlines TOD transfers.

What Are the Current Options for Selling a Probate Property Without Full Court Supervision?

In Los Angeles County, a few key legal options may allow a probate home to be sold without court confirmation:

1. Indepen

dent Administration of Estates Act (IAEA)

• Provides executors with authority to sell property without a court hearing.

• Requires Full or Limited Authority granted by the court.

• Notice of Proposed Action must be sent to heirs before sale.

2. Revocable Living Trust

• Property held in a trust avoids probate entirely.

• The successor trustee may sell the home like any standard transaction.

3. Transfer-on-Death (TOD) Deed

• Allows a homeowner to name a beneficiary to receive the property outside probate.

• The beneficiary can then sell the property directly.

• While past versions of this deed had limitations, AB 2016 modernizes and strengthens the transfer process, making it more secure and enforceable.

How AB 2016 Improves the TOD Process

AB 2016 is a major step forward in simplifying real estate transfers after death in California.

It improves the process by:

• Introducing a revocable TOD deed that offers greater legal clarity.

• Requiring added safeguards like notarization and witnesses.

• Providing stronger protections for the intended beneficiaries.

• Making it easier for families to avoid probate altogether when proper planning is done.

If a property was passed under the newly updated TOD deed framework, it can typically be sold without any probate court involvement.

What If the Property Doesn’t Qualify?

If none of these tools were used — no trust, no TOD deed, and no IAEA authority — then the property must go through formal probate:

• The court must approve the sale.

• A confirmation hearing is scheduled.

• Additional steps, like the court overbid process, may apply.

This can significantly delay the transaction and increase costs.

How to Know If You Can Sell Without Court Involvement

Here are a few things to check:

• The deed — Was a TOD or revocable TOD filed?

• The will or court order — Does it request or confirm IAEA authority?

• The title — Is the home held in a trust?

• The Letters of Administration or Testamentary — Do they specify your authority?

If you’re unsure, a real estate team that specializes in probate can help review the documents and guide your next steps.

A Local Note for Los Angeles County Families

In Los Angeles County, probate cases are handled through the Stanley Mosk Courthouse downtown. Understanding your rights under tools like IAEA or AB 2016 can make all the difference in simplifying your next move — whether you're in Pasadena, West LA, or anywhere in between.

Conclusion: You May Be Able to Skip Probate Court — With the Right Setup

If you're handling a probate property, it's worth checking if you can bypass the full court process. Whether through IAEA, a trust, or a strengthened TOD deed under AB 2016, you may be able to move forward without delay. If you're planning ahead, these tools can help protect your heirs from months of unnecessary probate hurdles.