You can sell a house in probate in California once the court appoints an executor or administrator and issues letters. If the court granted full authority under the Independent Administration of Estates Act, the sale needs only a 15-day notice to heirs. With limited authority, a judge must confirm the sale at a hearing where other buyers can overbid.
TLDR
- Nobody can sign a binding sale of a California probate house until the court issues letters naming an executor or administrator.
- Full authority under the Independent Administration of Estates Act lets the executor sell after a 15-day Notice of Proposed Action to heirs, with no court hearing.
- Limited authority means a court confirmation hearing, a price of at least 90% of the probate referee’s appraisal, and the chance another buyer overbids.
- The California Courts say formal probate typically takes 9 to 18 months, but the house can be sold long before the estate closes.
- For deaths on or after April 1, 2025, a primary residence worth $750,000 or less may pass through a shorter court petition instead of full probate.
Most families learn the house is in probate the same way. Someone calls a title company or a realtor to ask about selling a parent’s house, gets told nothing can happen until the court gives permission, and hangs up with no idea what that means or how long it will take.
We know how heavy that call feels when you’re already grieving, and we won’t pretend probate is simple. But it does follow a set order, and once you know which step you’re on and what kind of authority the court gave you, you can make clear decisions about the house instead of waiting on everyone else.
Does the house have to go through probate?
A California house has to go through probate when it was titled in the deceased person’s name alone and didn’t pass to someone automatically at death. A house held in a living trust, owned in joint tenancy with right of survivorship, or covered by a recorded transfer-on-death deed usually skips probate.
Pull the most recent recorded deed from the county recorder before you assume anything, because the way title is written decides which road you’re on. For planning ahead, see how to avoid probate in California
The $750,000 primary residence shortcut
If your parent died on or after April 1, 2025, and the house was their primary residence with a gross value of $750,000 or less, California lets heirs ask the court to transfer it through a shorter petition instead of full probate. It’s filed on Judicial Council form DE-310, Petition to Determine Succession to Primary Residence, no sooner than 40 days after the death. The cap uses the home’s full value, not the equity after the mortgage.
The separate small estate affidavit, which covers up to $208,850 in personal property like bank accounts for deaths on or after April 1, 2025 (Judicial Council form DE-300), cannot transfer a house.
Who has the legal right to sell a probate house in California?
Only the personal representative can sell a house in California probate, and only after the court issues letters. When there’s a will, that person is usually the executor named in it.
When there’s no will, the court appoints an administrator, often a close family member. The letters (called Letters Testamentary when there’s a will, or Letters of Administration when there isn’t) are the court’s proof that this person can act for the estate.
Until letters issue, nobody can sign a binding sale, not the child who has been paying the property taxes and not even siblings who all agree. Banks and title companies ask for certified copies of the letters before they’ll release accounts or insure a sale.
Full authority or limited authority: which one do you have?
Your letters and the court’s order for probate say whether the personal representative has full or limited authority under California’s Independent Administration of Estates Act (IAEA). That detail shapes the whole sale, so ask your attorney to request full authority when the petition is filed.
With full authority, the personal representative can accept an offer and mail a Notice of Proposed Action (Judicial Council form DE-165) to the heirs and beneficiaries. They get at least 15 days to object. If nobody objects, the sale moves ahead like a normal escrow, with no court hearing and no overbidding, under Probate Code sections 10580 to 10592. If an heir objects in writing, the sale has to go to court instead.
With limited authority, the personal representative handles most estate business on their own but still needs a judge to confirm any sale of real estate. For a closer look at when a judge has to sign off, see do I need court approval to sell a probate house in California.
| Full IAEA authority | Limited IAEA authority | |
| Court hearing to approve the sale | Not required | Required |
| How heirs are notified | Notice of Proposed Action, at least 15 days | Notice of the confirmation hearing |
| Minimum sale price | No statutory floor (Probate Code 10503) | At least 90% of the appraisal (Probate Code 10309) |
| Other buyers can overbid | No | Yes, at the hearing |
| If an heir objects | The sale goes to a court hearing | The heir can object at the hearing |
What happens at a probate court confirmation hearing?
A probate court confirmation hearing is where a judge reviews the accepted offer on a California estate’s house and gives other buyers a chance to beat it. The personal representative files a petition asking the court to confirm the sale, the court sets a hearing date, and anyone can show up and bid.
Two rules shape the price. The offer has to be at least 90% of the probate referee’s appraisal, and that appraisal must be dated within one year of the hearing (Probate Code section 10309). The first overbid in the courtroom has to beat the original offer by at least 10% of the first $10,000 plus 5% of everything above that, under Probate Code section 10311.
On an $800,000 house, 10% of the first $10,000 is $1,000 and 5% of the remaining $790,000 is $39,500, so the lowest opening overbid the judge can accept is $840,500. If someone bids, bidding can keep going in the courtroom and the house goes to the highest acceptable bidder, which is how a buyer who signed weeks earlier can walk out without the house.
The 7 steps to selling a house in probate in California
Step 1: Open the probate case and get letters
The person named in the will, or an heir if there’s no will, files a Petition for Probate (form DE-111) in the superior court of the county where the deceased person lived. Notice is published in a local newspaper, the court holds a hearing, and the judge appoints the personal representative.
Step 2: Secure the house
The house is now the personal representative’s responsibility. Change the locks, keep it insured (a vacant house may need a different policy), keep any mortgage current, and check on it often. An empty house in Los Angeles County can draw break-ins and squatters quickly, and our guide on how to secure a vacant property in California walks through the specifics.
Step 3: Get the inventory and appraisal
The court assigns a probate referee, an appraiser appointed by the California State Controller, to value the estate’s property as of the date of death. That value goes on the Inventory and Appraisal (form DE-160), and in a court-confirmed sale the offer has to be at least 90% of it.
Step 4: Decide how to sell
The personal representative decides whether to list the house, sell it directly to a buyer, or distribute it to an heir. The options section below compares each one.
Step 5: Accept an offer, then give notice or go to court
With full IAEA authority, the personal representative mails the Notice of Proposed Action and waits out the 15 days. With limited authority, or after an objection, the sale goes to a confirmation hearing.
Step 6: Handle disclosures
A personal representative selling in the course of administering an estate is exempt from California’s standard Transfer Disclosure Statement under Civil Code section 1102.2. That exemption covers the form, not what you already know about the house, so ask your probate attorney what the estate should put in writing about problems like a roof leak or foundation cracks.
Step 7: Close escrow, then close the estate
At closing, escrow pays off the mortgage and any recorded liens from the sale price, and the rest goes into the estate account, not straight to the heirs. Creditors have at least four months from the date letters were first issued to file claims (Probate Code section 9100). After that, the court approves a final accounting and distribution, and heirs receive their shares.
How long does probate take in California?
Formal probate in California typically takes 9 to 18 months and sometimes longer, according to the California Courts. The house doesn’t have to wait for the end of the case. Once letters issue, the personal representative can sell while creditor claims and the final accounting are still in progress.
See how long probate takes in California for each stage, and selling a house before probate is completed or selling an inherited home still in probate for sale timing.
What does probate cost in California?
California sets probate fees by law. The estate’s attorney and the personal representative can each collect a statutory fee based on the gross value of the estate: 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000, with smaller percentages on larger estates (Probate Code sections 10800 and 10810).
On an estate made up of an $800,000 house, that works out to $19,000 for the attorney and $19,000 for the personal representative, or $38,000 if both are paid. Because the fee uses gross value, a $300,000 mortgage on that house doesn’t lower it, and filing, publication, and referee charges come on top. See our breakdown of probate costs in California.
Will property taxes go up if an heir keeps the house?
Property taxes on an inherited California house usually reset to current market value unless an heir moves in. Under Proposition 19, a parent’s home keeps its old tax base only if it was the parent’s primary residence, becomes the child’s primary residence within one year, and the child files for the homeowners’ exemption within that year, according to the Board of Equalization’s Proposition 19 fact sheet.
If the home’s market value is more than the old taxable value plus an inflation-adjusted amount that started at $1 million, the difference gets added to the tax base.
This is the part families most often get wrong. A sibling who wants to keep the house as a rental will usually face a much higher tax bill than their parent paid, and that changes the keep-or-sell math.
What slows a probate sale down, and how families handle it
The heirs don’t agree
A personal representative with full authority doesn’t need every heir’s signature to sell a California probate house, but any heir can object to the Notice of Proposed Action, which sends the sale to a court hearing. A mediator can often help siblings settle things before a court fight. See what to do if heirs don’t agree on selling the house and selling a probate house without all heirs agreeing.
The house is full of belongings or needs major repairs
Nobody is required to empty or fix a probate house before selling it in California. Mrs. Property Solutions bought a Burbank house from Leslie and her sister, who inherited it from their father after he passed without a trust. Both sisters lived out of state, the house had serious foundation problems, and it was still full of decades of his belongings. They kept what they wanted, left everything else, never flew back to California, and closed in 21 days for the exact amount of the original offer while their probate attorney handled the court side.
The lesson from that sale applies to any buyer you talk to. Condition and cleanout should be priced into the offer before you sign, so the question worth asking is whether the price holds after the buyer walks through the house.
There’s a mortgage, liens, or other debt
Probate doesn’t pause a mortgage, and a lender can still start foreclosure on a California probate house if payments stop. At closing, escrow pays off the loan and any recorded liens from the sale price. Read more in what happens if a house is in probate with debt and how to handle a property with title or legal issues.
Your options for selling a probate house in California
Mrs. Property Solutions buys probate houses for cash, and even so, a cash sale isn’t the right fit for every estate. Here’s how the realistic options compare.
List with an agent who knows probate
If the house is in good shape, the heirs agree, and nobody needs the money quickly, listing usually puts the most money in the estate. On an $800,000 sale, a 5% to 6% commission is $40,000 to $48,000, plus cleanout, some repairs, and months of carrying costs, but a well-kept house can earn that back. Pick an agent who has closed probate sales in your county.
Sell as-is to a cash buyer
A cash sale makes more sense when the house needs major repairs, is full of belongings, sits vacant, or when the heirs live out of state and can’t manage a listing. A cash buyer pays less than a retail buyer would for a fixed-up house, and the estate gets speed, no repairs, and no cleanout in return. Because there’s no lender underwriting, a cash buyer can often be ready to close in as little as 14 days, although the estate still has to finish its 15-day notice period or court hearing first. Get more than one offer, and ask each buyer in writing whether their price can change after they inspect the house.
Keep the house in the family
An heir can keep the house through distribution or by buying out the other heirs. Run the Proposition 19 numbers first, because a house that isn’t the new owner’s primary residence usually gets reassessed.
Wait and do nothing
Property taxes, insurance, utilities, and upkeep keep coming due while the case moves, and a vacant house carries break-in and squatter risk. Waiting only works when someone can cover those bills.
When a cash sale is the wrong choice
If the house is move-in ready, you have full authority, the heirs agree, and you can wait three to six months, list it. That’s the honest answer, and it’s the one we give families on the phone too. Our list of mistakes to avoid when selling a probate house covers the traps on either path.
| Option | Best when | What you give up |
| List with a probate agent | House is in good shape and heirs can wait | 5% to 6% commission, repairs, cleanout, months of carrying costs |
| Sell as-is for cash | Repairs, full house, vacancy, or out-of-state heirs | A lower price than a retail buyer would pay for a fixed-up house |
| Keep it in the family | An heir will live there as a primary residence | Buyout cash for siblings, and reassessment if it becomes a rental |
| Wait | Someone can cover taxes, insurance, and upkeep | Ongoing costs and vacancy risk with no end date |
| Online instant-offer programs | The house is updated and move-in ready | Most focus on move-in-ready homes, so many probate houses won’t qualify |
If you’d like help thinking through your situation
Some families finish a guide like this knowing exactly what they want to do, and some are still sorting it out with siblings and an attorney.
Mrs. Property Solutions buys probate and inherited houses across Los Angeles County and Southern California as-is, and we work alongside your probate attorney so the court side and the sale side stay in step. We’ll tell you plainly whether listing or a cash sale makes more sense for your house, and if a cash offer fits, the offer we make is the offer we honor at closing.
Since 2016 · 150+ homes purchased · 50+ five-star reviews · Local to Los Angeles County · No repairs, no commissions · The offer we make is the offer we honor
See how a probate sale with us works or call 626-344-9579. Asking questions doesn’t obligate you to anything.
Frequently asked questions about selling a probate house in California
Can I sell a house in probate before probate is closed in California?
Yes. Once the court issues letters, the personal representative can sell the house while the rest of the estate is still open. The sale money goes into the estate account, and heirs receive their shares after creditor claims are resolved and the court approves final distribution, which is usually the last step of the case.
Do all heirs have to agree to sell a probate house in California?
No. A personal representative with full authority under the Independent Administration of Estates Act can sell without every heir signing. Heirs still receive a Notice of Proposed Action and have at least 15 days to object. An objection sends the sale to a court confirmation hearing, where a judge decides whether it goes through.
How long does it take to sell a house in probate in California?
Formal probate typically takes 9 to 18 months according to the California Courts, but the house sale is only one part of that. With full authority and no objections, a sale can close a few weeks after the 15-day notice period ends. Court-confirmed sales take longer because a hearing must be scheduled first.
Can I sell my parent’s house before the court appoints an executor?
No. Until the court issues letters naming an executor or administrator, nobody has legal authority to sign a sale of a California house titled in the deceased person’s name. Heirs can talk to agents and buyers and gather information, but a binding purchase contract has to wait for the court appointment.
Do I have to clean out or repair a probate house before selling it?
No. California does not require a probate house to be emptied or repaired before it is sold. Many families sell as-is, especially when they live out of state. Repairs and cleanout can raise the price on a traditional listing, so compare the cost of that work against what buyers will pay for the house as it sits.
What does a probate referee do in California?
A probate referee is an appraiser appointed by the California State Controller who values estate property for the court. The referee’s value, usually as of the date of death, goes on the Inventory and Appraisal. It is used to calculate statutory probate fees and the minimum price for a court-confirmed sale.
Will a cash buyer lower the price after we sign?
Some buyers do, so ask every buyer in writing before signing. Mrs. Property Solutions does not change a seller’s price once the earnest money deposit, the buyer’s good-faith payment, is in escrow. From that point, the price on the signed contract is the price the estate receives at closing, across 150+ homes purchased since 2016.
Does the estate pay commissions or closing costs on a probate cash sale?
No commissions are paid on a direct sale to Mrs. Property Solutions, and the company pays standard closing costs in most transactions. Any mortgage, liens, or back property taxes are paid from the sale price at closing, so the estate does not pay them out of pocket. Statutory probate fees to the attorney and executor are separate.
Disclaimer: This article explains how probate house sales generally work in California. It isn’t legal or tax advice, and procedures vary by county and by estate. Talk to a California probate attorney or CPA about your specific case.