Selling a home in probate can feel confusing — especially when you’re not sure what’s required by the court. Many families ask the same question: “Do I need court approval to sell a probate house in California?”
The answer depends on how the probate was set up and whether the estate has full or limited authority under the Independent Administration of Estates Act (IAEA).
Let’s break down when court approval is required, how the process works, and what you can do to make the sale faster and easier.
For a complete overview of probate home sales, check out our full guide: The 2025 Guide to Selling a House in Probate in California.
Understanding Court Approval in Probate
In California, probate is the court-supervised process for settling a deceased person’s estate — including selling real estate. But not every probate sale needs direct court involvement.
The difference lies in whether the court granted the executor or administrator “full authority” or “limited authority” under the Independent Administration of Estates Act (IAEA).
The California Courts Self-Help Center explains that full authority allows executors to act independently for most estate decisions, while limited authority requires formal court approval for major actions like selling property.
What Is the Independent Administration of Estates Act (IAEA)?
The IAEA was created to streamline the probate process by allowing executors to handle routine estate tasks — such as selling property — without needing constant court oversight.
Full Authority
If the court grants full authority, the executor can list and sell the home just like any other real estate transaction. They must still notify interested parties and follow fair market value rules, but no court confirmation hearing is needed.
Example: A family in Pasadena sold their father’s home under full authority. The executor listed it for $650,000, accepted an offer, and closed within 30 days — without ever stepping back into court.
Limited Authority
If the estate has limited authority, the court must approve the sale before it becomes final. This usually means a confirmation hearing, where the judge reviews the offer and may allow other buyers to overbid in court.
Example: A probate sale in Long Beach had limited authority. The buyer had to appear at a court hearing, and another investor outbid them by $10,000 during the process. The sale was delayed by six weeks but eventually closed after approval.
How to Tell If You Need Court Approval
You can find out what type of authority applies by checking the court’s Letters Testamentary (for executors) or Letters of Administration (for administrators). These documents will specify whether you have “full” or “limited” authority under the IAEA.
If you’re unsure, your probate attorney or the county probate clerk can confirm your status.
The California Legislative Information site outlines the exact language of the IAEA, including the duties of executors under both full and limited authority.
What Happens If Court Approval Is Required
If the estate has limited authority, here’s what the process typically looks like:
Step 1. File a Petition to Sell
The executor files a Petition for Order Confirming Sale of Real Property with the probate court, attaching details about the property and accepted offer.
Step 2. Publish Notice of Sale
You must publish notice of the sale in a local newspaper for at least three consecutive weeks before the hearing. This ensures transparency and allows other potential buyers to make overbids.
Step 3. Attend the Confirmation Hearing
At the hearing, the judge reviews the sale price to confirm it meets the fair market standard. If approved, the court issues an order confirming the sale and authorizing the transfer of title.
Step 4. Complete the Sale
Once court approval is granted, escrow can close — typically within a few weeks.
Example: A Los Angeles executor with limited authority filed for approval in June. After publishing notice and attending the hearing in July, the sale was confirmed and closed by mid-August.
How to Avoid Court Approval
If you’re still in the early stages of probate, your attorney can request full authority under the IAEA when filing the petition for probate. This step can save months of delays and thousands in legal fees.
Even if limited authority was initially granted, you can sometimes petition the court later to expand your authority if you can show good cause and family agreement.
Selling a Probate House Without Court Approval
If you have full authority, selling a probate home works much like a standard sale. You can list the property on the MLS, work with a real estate agent, or sell directly to a cash buyer.
Cash buyers are especially popular in probate cases because they simplify the process — no financing, no appraisals, and often no repairs required.
Example: A family in Riverside had full authority and decided to sell their inherited home to a cash buyer. The deal closed in just 15 days, allowing them to pay attorney’s fees and distribute the remaining funds quickly.
Common Mistakes to Avoid
- Not Checking Authority Early: Many executors assume they have full authority when they don’t, leading to delays later.
- Failing to Notify Heirs: Even under full authority, you must notify all interested parties before selling.
- Skipping Fair Market Valuation: Sales must reflect fair market value to avoid disputes or objections.
- Ignoring Court Requirements: Missing publication or hearing steps can invalidate the sale.
Final Thoughts
So, do you need court approval to sell a probate house in California?
✅ If you have full authority under the IAEA, you can sell without court approval.
⚖️ If you have limited authority, you’ll need a court confirmation hearing before closing.
Either way, selling a probate home doesn’t have to be overwhelming. With the right guidance — and the right buyer — you can settle the estate efficiently and avoid costly delays.
At Mrs. Property Solutions, we help California families navigate probate sales every day. Whether you have full or limited authority, we can help you sell quickly and smoothly, often in as little as two weeks.
Reach out today for a fair, no-obligation cash offer and get one step closer to closing the estate.