Can You Sell a House in Probate Before the Court Hearing in California?

Yes, in California, you can initiate the sale of a probate property before the court hearing, but you cannot complete the sale (transfer title) until certain legal milestones are cleared. The timeline depends on whether the probate is with or without court supervision.

How Early Can You Start Selling a Probate Property?

You can list the home and even accept an offer as soon as you're appointed as the personal representative but you must wait for Letters of Administration or Letters Testamentary to begin taking official action.

If those letters are pending, here's what you can and can't do:

You can:

• Interview and select a probate-savvy real estate agent

• Prepare the home (clean, stage, market)

• List the home as “subject to court approval”

• Collect offers and begin negotiations

You cannot:

• Sign a purchase agreement

• Transfer ownership

• Open escrow

What If You Have Full Authority Under the Independent Administration of Estates Act (IAEA)?

If the probate case is granted Full Authority under IAEA, you can sell the house without court confirmation even before the first court hearing once you receive your Letters.

Steps under Full Authority:

1. Get Letters of Administration

2. File a Notice of Proposed Action (NOPA)

3. Wait 15 days for objections

4. Close escrow if no objections are received

This can speed up the sale timeline by months, especially in hot markets like Los Angeles and Pasadena.

What If the Probate Has Limited Authority?

If the court grants Limited Authority, then a court confirmation hearing is required to complete the sale, even if you find a buyer.

That means:

• You can accept an offer early

• You must file a petition for court approval

• A court-supervised overbid process will take place

• The judge must confirm the sale

How Do You Know If You Have Full or Limited Authority?

Check your Letters of Administration or Letters Testamentary. It will be clearly marked:

• Full Authority under IAEA = more freedom to sell

• Limited Authority = court involvement required

Local Tip: What Happens in Los Angeles and Pasadena Courts?

In both Los Angeles County Probate Court and Pasadena Courthouse, the volume of cases means hearing dates can be delayed by 6–10 weeks or more after filing. That’s why:

• Starting marketing before the hearing can generate momentum

• Your agent should list the home as subject to court approval to avoid legal issues

Can You Accept an Offer Before the Hearing?

Yes, but it's a soft “yes.” You can accept the offer contingent on receiving your Letters and court confirmation if required. Nothing is binding until you're authorized.

What Happens If You Sell Without Court Approval?

If you sell too early, without proper authority:

• The sale may be voided

• You may face legal liability as the representative

• Escrow will refuse to close without court documentation

Always consult your probate attorney or real estate team before proceeding.

When Is the Best Time to List a Probate Home in Los Angeles?

Here’s a quick timeline breakdown:

Stage Can You List? Can You Accept Offers? Can You Close?

Before Letters Yes No No

Issued (with disclosure)

After Letters Yes Yes Yes

(Full Authority) (after NOPA)

After Letters Yes Yes Only After

(Limited Authority) Court Confirms

Why Timing Matters in Probate Sales

Los Angeles and Pasadena probate courts are extremely busy. Families who delay listing until after the hearing can lose months of market time, especially if the property is vacant or needs maintenance.

Pro tip: Start early as long as your agent understands the court timeline and legal requirements.

Talk to a Probate Specialist Before Listing

Every probate case is different. Whether you're waiting for a court date or ready to move forward, working with a team that specializes in Los Angeles County probate real estate can save you time, money, and stress.

Need guidance on when to list your inherited home?
Connect with a local probate expert today!