When a loved one passes away, one of the first questions families often ask is: “Can we sell the house before probate is finished?”
In California, the answer is complicated. While you usually need to wait until probate is complete to transfer ownership, there are situations where you can sell earlier — but it depends on the court’s involvement, the executor’s authority, and how the estate is set up.
This blog explains when a sale is possible, what hurdles to expect, and how families can make the process smoother.
Understanding Probate in California
Probate is the legal process of settling someone’s estate after death. The court oversees everything: validating the will, identifying heirs, paying debts, and distributing property.
California requires probate for estates valued at over $184,500, unless assets are held in a trust or passed by other methods like joint tenancy or transfer-on-death deeds.
For a full breakdown, see our 2025 Guide to Selling a House in Probate in California.
Who Controls the Sale During Probate?
Only the executor (named in the will) or administrator (appointed by the court if there’s no will) has authority to sell a property during probate. Heirs alone cannot list or transfer the property without this authority.
Example: In Glendale, three siblings wanted to sell their late mother’s house right away. But because the executor had not yet received “Letters of Administration” from the court, the home couldn’t legally be sold until paperwork was approved.
Can You Sell Before Probate Is Completed?
Yes, but with restrictions. The executor or administrator may sell the property before probate is fully closed — but they must have court approval unless the will grants Independent Administration of Estates Act (IAEA) authority.
- With IAEA authority: The executor can sell without court approval, as long as they notify heirs.
- Without IAEA authority: The court must approve the sale, which adds time and hearings.
The California Courts probate guide explains more about how this authority works.
Steps to Selling During Probate
If selling before probate is completed, here’s the process:
- Petition the court (if no IAEA authority).
- Get the property appraised by a probate referee.
- List or market the property (sometimes through court-supervised auctions).
- Submit accepted offer to the court for approval.
- Court confirmation hearing (if required).
- Close the sale and deposit proceeds into the estate account.
Example: A Pasadena executor listed the home after receiving IAEA authority. The sale closed in 45 days, even though probate itself took another eight months to fully wrap up.
The Downsides of Selling Before Probate Is Complete
While it’s possible to sell a house before probate is finalized, there are several challenges that families should consider before moving forward. Probate sales often come with extra steps that make the process slower, costlier, and less appealing to buyers.
Extra Time and Court Oversight
If the executor doesn’t have IAEA authority, the court must confirm the sale, which adds 2–3 months to the process. During that delay, carrying costs like taxes and insurance continue to add up.
Limited Buyer Pool
Many retail buyers and lenders avoid probate sales because of the legal red tape and unpredictable timelines. This reduces competition and often leaves sellers with only investors or cash buyers making lower offers.
Fees and Costs
Probate referee appraisals, attorney’s fees, and court filing costs can easily reach thousands of dollars. For a full breakdown, see our blog on how much probate costs in California.
Advantages of Selling Before Probate Ends
Despite the challenges, there are benefits:
- Paying debts sooner: Estate debts, taxes, or mortgages can be handled quickly.
- Avoiding carrying costs: Families don’t have to keep paying insurance, taxes, and utilities while waiting.
- Distributing assets faster: Heirs may receive funds sooner rather than waiting for the estate to close.
Example: A family in San Bernardino sold their father’s home during probate. The proceeds paid off medical bills and prevented foreclosure, saving the estate thousands.
Alternatives to Selling During Probate
If selling mid-probate feels overwhelming, families may consider:
- Waiting until probate is complete — simpler but longer.
- Transferring property outside probate (if in a trust, TOD deed, or joint tenancy).
- Selling as-is to a cash buyer — often smoother, since investors are familiar with probate sales. See why in our post on why a cash buyer is the easiest way to sell as-is in California.
Real-Life Case Studies
- Case 1: Court-Supervised Sale – A Los Angeles family had no IAEA authority. Their accepted offer sat for 10 weeks until the court confirmed it. By the time escrow closed, probate had dragged on for 14 months.
- Case 2: Independent Sale – In Ventura, an executor with IAEA authority sold the property directly to a cash buyer. Escrow closed in 20 days, saving the estate six months of carrying costs.
Final Thoughts
So, can you sell a house before probate is completed in California? Yes — but only with the right authority. Executors or administrators can sell mid-probate, but court approval may be required.
The key is to understand whether IAEA authority applies and weigh the pros and cons of selling early versus waiting.
For a full roadmap, see our 2025 Guide to Selling a House in Probate in California.
At Mrs. Property Solutions, we’ve worked with families across California navigating probate sales — whether they needed to sell mid-process or waited until probate wrapped up. If you need help understanding your options, reach out today for a stress-free consultation.