If you’ve recently lost a loved one and inherited a property, you may be contemplating whether you want to keep the property or if the best move might just be to sell the property. If you find yourself leaning towards the latter, then this guide will help you to understand the challenges you can expect when you go the route of selling a house in probate in California. Between the legal process, emotional toll, and other potential property issues, it can be an overwhelming experience, especially if you’ve never been through it before.
At Mrs. Property Solutions, we’ve helped dozens of California families through this exact situation. Whether you’re the executor of the estate or an heir who just wants a fresh start, this guide will walk you through everything you need to know to sell a house during probate, and hold your hand each step of the way.
What Is Probate, and Why Does It Matter?
First, let’s go over the fundamentals – like what is Probate? Probate is the legal process that California uses to distribute a deceased person’s estate. If the person passed away with property titled in their name alone—like a house or land—it cannot be transferred or sold without court approval. Even if the deceased had a will, their family or loved ones are still required to go through the probate process to gain ownership of that property to be able to sell it. The reason for this is…
The probate process ensures:
- All debts and taxes are paid
- Assets are distributed to the rightful heirs
- Any disputes among heirs are handled legally, through the court system
Probate can take anywhere from 6 months to over a year, depending on the complexity of the estate and whether a will exists. It also depends on which county the property is located in and where the deceased was living at the time of their death.
A Case Study: Maria’s Story from Burbank
When Maria gave us a call, her father had recently passed away, and she inherited his 3-bedroom home in Burbank. She was already juggling work, her kids, and handling funeral arrangements. She lived several hours away in San Diego and really didn’t have the capacity to take on another project. The last thing she expected was a lengthy legal process to sell the home.
The property had deferred maintenance, outdated wiring, and mold from a plumbing leak. She didn’t have the time or money to fix it up so she decided to call around and find an investor to sell the house to, and that’s when she found us. We helped her navigate the messy probate process and were able to purchase the home as-is, which allowed her to move on with peace of mind.
How Do You Know If You Need To Do Probate?
✅ You likely need probate if:
- The deceased owned property solely in their name
- This includes real estate, bank accounts, or investment accounts without a beneficiary or joint owner.
- Example: A house titled only in your father’s name with no trust or joint ownership.
- There was no living trust
- Assets held in a revocable living trust usually avoid probate.
- If the person died without a trust, probate is generally required.
- The estate’s total value exceeds $184,500(as of 2024)
- If the combined value of assets subject to probate exceeds this limit, formal probate is usually required.
- There are no designated beneficiaries or joint owners
- Accounts without a Payable-on-Death (POD) or Transfer-on-Death (TOD) designation may require probate.
❌ You may not need probate if:
- The assets were in a trust
- Trust assets are administered outside of probate court.
- The deceased owned assets jointly with right of survivorship
- The surviving owner automatically inherits the asset.
- There are beneficiary designations in place
- Life insurance policies, retirement accounts, and some bank accounts can be transferred directly to named beneficiaries.
- The estate is small (under $184,500)
- You might qualify for a Small Estate Affidavit, which avoids formal probate.
⚖️ When in Doubt, Ask:
- Check the title documents (deeds, account registrations).
- Review the will (if there is one).
- Contact a probate attorney or a title company if real estate is involved.
Can You Sell a House in Probate in California?
Yes, you can—but there are two types of probate sales in California. It’s important to understand the difference:
1. With Court Confirmation
This type of sale requires court supervision, meaning that the California probate court is actively involved in approving and overseeing the sale of the property. Here is what that process looks like:
- You petition the court for approval to sell the property: After accepting an offer, the personal representative (executor or administrator) files a petition (often called a Report of Sale and Petition for Order Confirming Sale of Real Property).
- A hearing is scheduled: The court sets a date (usually several weeks out) to review and approve the sale.
- The sale is announced publicly: In many counties, the offer must be published in a newspaper to allow others the opportunity to attend the hearing and place a higher bid (known as an overbid).
- Court must confirm the sale: At the hearing, the judge evaluates the sale terms and, if applicable, oversees the bidding process. If there’s a higher acceptable bid, it’s the judge’s decision whether they award the sale to that bidder.
- Final approval and court order: Only once the judge confirms the sale can escrow move forward with closing.
2. Without Court Confirmation (IAEA)
Under the Independent Administration of Estates Act, the court may grant the personal representative the authority to sell the home without court hearings or overbidding—making the process much faster and simpler.
Obviously, its much more beneficial to not require court confirmation when selling a house in probate, but it will be determined based on the type of authority that the Personal Representative has. When someone is appointed as the executor (named in a will) or administrator (no will) of an estate, the probate court also decides how much authority they’ll have to manage the estate under California’s Independent Administration of Estates Act (IAEA).
The 8-Step Process to Selling a House in Probate in California
Step 1️⃣: Open a Probate Case
The first step is to file a petition with the probate court in the county where the deceased person lived. The court will appoint an executor (if there was a will) or an administrator (if there wasn’t).
📝 Tip: This can take several weeks, so don’t delay filing. You need official authority before taking any steps to sell the home.
A real-life example we recently dealt with was Jeremy from Long Beach when he inherited his aunt’s duplex. Jeremy assumed he could just transfer the title and sell it. Turns out, he needed to be officially appointed by the court first. That paperwork delayed his plans by a few weeks until we helped him file everything correctly. Having someone in your corner who understands the process makes all the difference in speeding up the process 😊
Step 2️⃣: Locate and Secure the Property
Once you’re the personal representative:
- Change the locks
- Stop utility payments for unnecessary services
- Notify the mortgage company
- Remove valuables
If the property is vacant, consider securing it with cameras or an alarm to avoid vandalism or squatters.
Case in point: When Suzanne from Washington state called us to sell her dad’s house that was going through probate in Buena Park, she hadn’t been there in years. She was told by some neighbors that there were some unsavory characters hanging around the house since it had sat vacant for so long. When she decided to sell to us, we were able to get over there and secure the property for her so that they didn’t turn into any squatters while the property went through the probate process and we were able to close.
Step 3️⃣: Get the Property Appraised
Once you’ve been appointed as the personal representative and have received your Letters of Administration or Letters Testamentary, your next major responsibility is to get the real estate formally appraised. This step is critical because the court needs an accurate valuation of the property for tax purposes, creditor payments, and potential sale.
In California probate, this appraisal isn’t just a ballpark estimate—it must be done by a court-appointed probate referee.
🔍 What’s a Probate Referee?
A Probate Referee is a licensed appraiser appointed by the California State Controller’s Office to provide fair market valuations for estate assets, including:
- Real estate (primary homes, rental properties, vacant land)
- Business interests
- Stocks, bonds, or other investments (if applicable)
Once you open the probate case, the court will assign a referee to your file. Your job is to provide them with access to the property and any supporting documentation they might need.
📊 Why the Appraisal Matters
The probate appraisal serves several purposes:
- Establishes a baseline value for the estate
This value is used to calculate statutory probate fees and estate taxes. - Guides the sale price of the home
In a court-confirmed sale, you’re generally required to sell the property for at least 90% of the appraised value. - Protects the estate from disputes
A formal appraisal helps prevent disagreements among heirs about how much the property is worth.
⏱️ Timeline & What to Expect
- Once the probate referee is assigned, they typically complete the appraisal within 2–4 weeks.
- You’ll receive a report showing the property’s date-of-death value—which is the home’s worth on the day the owner passed away.
- If the market has shifted significantly since then and you’re preparing to sell, you can also request a supplemental appraisal or a current market valuation through a probate-savvy real estate agent.
Step 4️⃣: Decide How to Sell the Property
You have two main options:
Option A: List the Property on the Open Market
This route involves:
- Hiring a real estate agent with probate experience
- Getting the property “market-ready”
- Handling repairs, clean-up, and possibly staging
- Waiting for a traditional buyer to move forward and then following through with getting financing in place
Option A is usually the best fit when your property is already in great shape and has minimal deferred maintenance. Or, if you have the time and the energy to spend to get the property to “market-ready” standards.
Option B: Sell to a Cash Buyer With Experience Buying Probate Homes
Selling to a home-buying company like Mrs. Property Solutions is ideal if:
- The home needs major repairs
- You want to sell quickly
- You’re out-of-state or managing from afar
- You want to avoid court delays (if possible)
🎯 We’ve purchased homes in as little as 14 days, even when they were in probate. We try to make the process as easy as possible because we will not require you to fix anything and since we don’t need to rely on bank financing, we can also close a lot faster and have less unknowns get in the way so that we don’t have to delay closing.
Step 5️⃣: Accept an Offer (and Handle Court Confirmation If Needed)
Once you’ve prepared the property and decided how you want to sell it—either through a real estate agent or directly to a cash buyer—the next major step is to review offers and accept the best one. But in probate, it’s not always as simple as just signing a contract and heading to closing. Whether or not the sale needs court confirmation depends on the type of authority you were granted by the probate court.
If You Have Full Authority Under the IAEA:
- Congratulations—you have more flexibility!
- You can accept a reasonable offer, sign the purchase agreement, and move forward without needing to go back to court.
- You’ll still need to provide a Notice of Proposed Action to all heirs and interested parties, giving them 15 days to object. If no objections are filed, the sale can proceed smoothly.
- This approach saves time and avoids the added hassle of scheduling a court hearing.
If You Have Limited Authority:
- Things get a little more complex. Once you accept an offer, you’ll need to:
- File a petition with the court requesting approval of the sale.
- Schedule a hearing, where the court will review the offer.
- Market the hearing date publicly to allow other buyers to attend and potentially overbid.
- During the court hearing, the judge confirms the sale—or if a higher bid comes in, awards the property to the top bidder.
- This process can take several weeks and introduces the possibility that your original buyer may not end up purchasing the home.
Whether or not court confirmation is required, this step is critical because it locks in your sale terms, price, and timeline. It’s also the point where the estate can finally start turning a house into liquid funds that can be used to pay debts and eventually be distributed to heirs.
For Example, one customer we were working with in Riverside (Elizabeth) accepted a $475,000 offer on her inherited home, only to have someone show up at the court hearing and overbid by $10,000. It was unexpected—but legally required.
Step 6️⃣: Complete Disclosures and Sell As-Is
Even in probate, California law requires sellers to complete property disclosure forms which disclose anything that may be wrong with the property such as:
- Known material defects (like roof leaks, mold, or broken systems)
- Any issues with title or liens
That said, all of the homes we buy in probate are sold as-is. You’re not expected to make repairs or updates—especially if you sell to a cash buyer like Mrs. Property Solutions. However, it is still important to disclose so that we know everything about the house that needs to be fixed when we go to make the repairs.
Step 7️⃣: Close Escrow and Distribute Funds
Once all the paperwork is signed and the buyer’s funds have been wired, escrow can officially close. This is when the sale becomes final—the property changes hands, and the proceeds from the sale are distributed. If you’re working with a probate attorney or executor, they’ll make sure that all debts, taxes, and any outstanding obligations tied to the estate are paid first. Whatever remains can then be distributed to the rightful heirs according to the will or court order. It’s a big milestone, especially after what’s often been a long and emotional journey. For many families, closing escrow brings a real sense of closure—and financial relief.
Step 8️⃣: File Final Probate Documents
As you approach the final stages of the probate process, there’s still one important responsibility before the estate can be officially closed. The probate court requires you, as the personal representative, to file a series of final documents that demonstrate everything was handled properly.
These typically include:
- A Final Accounting of the Estate
This is a detailed financial report showing all income received by the estate (such as rental income or sale proceeds), as well as every expense paid—from mortgage balances to maintenance costs. It gives the court and beneficiaries a transparent view of how estate funds were managed. - Proof that All Debts and Taxes Have Been Paid
You must show that all known creditors have been notified and that legitimate debts, including property taxes, income taxes, and any outstanding utility bills, have been fully satisfied. - A Proposed Distribution Plan (or Proof of Distribution)
You’ll need to provide a clear breakdown of how the remaining estate assets were (or will be) divided among the heirs or beneficiaries, based on either the will or intestate succession laws (if no will exists).
Once these documents are filed and the court approves them, you will receive an order to officially close the estate. At this point, your legal responsibilities as the executor or administrator are complete—and you’re free to move on from the probate process.
Some Real-World Challenges To Be Prepared For (And How to Handle Them)
Even with a solid step-by-step plan, selling a house in probate can come with emotional, legal, and logistical challenges. Probate sales are often more complex than traditional real estate deals—especially because you’re juggling grief, family dynamics, and court processes all at once.
Here are some common real-world issues we’ve seen California sellers face—and how to get through them without losing your sanity (or your sale):
💬 Challenge #1: Family Disagreements Over the Sale
Example:
Let’s say your siblings think the home should be held onto for sentimental reasons, but you’re the court-appointed personal representative and need to sell it to pay off debts. Emotions are high, and every decision turns into a debate.
How to Handle It:
- Stick to your legal authority. If you were appointed by the court, you have the final say—especially if you’ve been granted full authority under IAEA.
- Keep detailed communication records, and provide regular updates to all heirs. Transparency can defuse tension.
- If things escalate, consider mediation to avoid dragging out the process or inviting legal challenges.
🧹 Challenge #2: The Property Is Full of Stuff (and Memories)
Example:
The house hasn’t been touched in years. Maybe it’s even been sitting there vacant. Closets are packed, the garage is overflowing, and every item holds a memory—which can make it emotionally draining and logistically overwhelming to clean out.
How to Handle It:
- Bring in a professional estate company or junk removal service to do the heavy lifting.
- Set aside a weekend to invite family members to collect keepsakes before clearing the rest.
- If you’re selling to Mrs. Property Solutions, you can skip the cleanout entirely—just take what you want and leave the rest behind.
🧾 Challenge #3: Title or Legal Issues
Example:
You’re ready to sell the property, but during the title search, you find out there’s a lien from an old unpaid debt or a missing signature from a long-lost heir.
How to Handle It:
- Work with a probate-savvy title company that’s experienced in resolving liens and title defects.
- If necessary, your probate attorney can petition the court to help clear certain encumbrances.
- Selling to a professional home buyer can also help—they’re often willing to buy even with unresolved issues and can help guide the process through.
⏳ Challenge #4: The Sale Is Taking Too Long
Example:
You’ve accepted an offer, but because the court required confirmation, you’re now waiting 6–8 weeks for a hearing. Meanwhile, your buyer is getting anxious—or worse, backs out.
How to Handle It:
To speed things up next time, request full authority under IAEA when you file your petition.
Set realistic expectations from the beginning—especially with buyers unfamiliar with probate.
Consider working with a buyer who is familiar with the probate process and willing to wait through court confirmation (or overbid at the hearing)
FAQs About Probate Real Estate Sales in California
How long does probate take in California?
Typically 6 to 12 months, but can be shorter with IAEA authority and a simple estate.
How long do you have to sell a house in probate?
There’s no exact deadline to sell a house in probate—but the sale usually needs to happen before probate closes, which can take 9–18 months depending on the complexity.
Do I need a lawyer?
It’s a good idea, especially if multiple heirs are involved. We can also recommend trusted probate attorneys if needed.
Can I sell my mom’s house before probate?
Unfortunately, no—not legally. If your mother passed away and the home was solely in her name, the house becomes part of her estate. You can’t sell or transfer ownership until probate is opened and the court gives authority to a personal representative.
Can I sell the house before probate is complete?
Yes, you can enter into a contract, but the sale can’t close until the court grants authority.
Do all heirs have to agree to sell property?
Generally, yes. If there are multiple heirs listed in a will (or by intestate succession if there’s no will), all heirs must agree to sell the home unless the court appoints a personal representative with full authority under the Independent Administration of Estates Act (IAEA).
What happens if the property has a mortgage?
The mortgage is paid off at closing from the sale proceeds—just like a traditional sale.
How long can you live in a house during probate?
You can usually remain living in a house during the entire probate process—as long as there are no legal disputes or court orders saying otherwise.
Why do you have to wait 6 months after probate?
In California, the 6-month waiting period is tied to creditor claims. It gives creditors time to come forward and request repayment from the estate before assets—like a house—can be fully distributed or sold.
Can a house be foreclosed on while in probate?
Yes, foreclosure can still happen during probate. If the deceased person had a mortgage and those payments stop, the lender has the legal right to begin foreclosure proceedings. Probate does not stop the bank from taking action.
Is there any way to avoid probate?
The only way to avoid probate is to plan ahead and place the property in a living trust, which allows the property to pass directly to heirs without court involvement. Other options include holding the title in joint tenancy with right of survivorship, using a transfer-on-death deed, or—if the estate is small enough—qualifying for a simplified process with a small estate affidavit. However, these must be set up before the homeowner passes away. Once someone has died and the home wasn’t protected by these tools, probate is usually required.
Why Sellers Choose Mrs. Property Solutions
We’re not your average homebuyer. At Mrs. Property Solutions, we specialize in inherited and probate properties. We know the legal process, and we work closely with probate attorneys and title companies to make your experience smooth and stress-free.
Here’s what sellers love about working with us:
✅ No repairs or cleaning
✅ Cash offers within 24 hours
✅ We handle the paperwork
✅ Flexible closing timelines
✅ Local team that cares
Some Final Thoughts: Don’t Go Through This Alone
Selling a house in probate in California might seem overwhelming—but it doesn’t have to be. With the right guidance and the right buyer, you can move through the process legally, quickly, and with less stress.
If you’re facing the challenge of selling an inherited house and want to explore your options, we’re here to help.
These findings about the probate process in California are true in all areas of California, including Los Angeles, San Diego, San Francisco, Sacramento, San Jose, Fresno and Bakersfield.
💬 Ready to Talk?
👉 Call us today at 602-376-8391 or fill out the form below to get started!
We’ll walk you through the probate process and give you a fair, no-obligation cash offer—even if you’re still early in the probate process.