When a loved one passes away, emotions are already high — and when it comes time to sell the family home, disagreements between heirs can make things even harder. In California, selling a house in probate requires following strict legal rules, and one of the most common challenges is when not all heirs are on the same page about selling.
So, can you still sell the property if some heirs refuse to agree? The short answer is: sometimes, yes — but it depends on how the estate is set up, who has legal authority, and what the court allows.
In this guide, we’ll break down exactly how selling during probate works when heirs disagree, what your options are, and how to move forward peacefully and legally. For a deeper dive into the overall process, see our full 2025 Guide to Selling a House in Probate in California.
Understanding How Probate Sales Work
Probate is the legal process used to settle an estate after someone passes away. During probate, the court ensures all debts, taxes, and expenses are paid before distributing what’s left — including real estate — to the rightful heirs.
In California, if the deceased person didn’t leave the property in a trust, the home usually must go through probate before it can be sold. A personal representative (also known as the executor or administrator) is appointed by the court to handle the process.
This person is responsible for:
- Managing the estate’s assets
- Paying off debts and taxes
- Getting property appraised
- Filing legal documents with the court
- Selling property if needed to pay debts or divide assets
What Happens When Heirs Don’t Agree?
Disagreements between heirs are common — especially when emotions, money, and family history are involved. One sibling might want to keep the home, another might want to sell immediately, and another might not respond at all.
In California, the ability to sell without full agreement depends on whether the executor has full or limited authority under the Independent Administration of Estates Act (IAEA).
- Full authority: The executor can sell the home without prior court approval, even if not all heirs agree.
- Limited authority: The executor must get the court’s approval before finalizing a sale, giving other heirs a chance to object.
Example: A family in Riverside had three siblings inherit their mother’s home. Two wanted to sell; one didn’t. The executor, granted full authority by the court, was legally allowed to proceed with the sale. The dissenting heir received their share of the proceeds after closing.
When You Can Sell Without All Heirs Agreeing
You can move forward with a sale without unanimous consent in several situations:
1. The Executor Has Full Authority
When full authority is granted under the IAEA, the executor can sell the home without going back to court for permission. They must still notify all heirs of the pending sale, but heirs can’t block it unless they file a formal objection and the court intervenes.
2. The Property Must Be Sold to Pay Debts
If the estate owes taxes, medical bills, or other debts, the court may order the sale even if heirs disagree. California law prioritizes paying creditors before distributing inheritance.
3. The Home Can’t Be Fairly Divided
If multiple heirs inherit a single property, dividing it fairly can be impossible. In those cases, selling and splitting the proceeds is often the fairest solution. Courts generally favor this approach to prevent ongoing disputes.
When You Can’t Sell Without Agreement
There are also cases where unanimous agreement (or at least court approval) is required.
1. Executor Has Limited Authority
If the executor has limited authority, every sale must go through court confirmation. Heirs will be notified of the hearing and can object if they disagree with the sale or the price.
2. The Will Restricts Sale
Some wills include specific clauses preventing the home from being sold, or granting one heir the right to buy out the others. In that case, the executor must follow the terms of the will.
3. The Property Title Lists Multiple Living Owners
If the property was jointly owned — such as through joint tenancy — and one owner is still alive, the surviving owner retains their rights. The executor can’t sell their share without consent.
Example: In a Pasadena case, one sibling co-owned the home before their parent passed. The court ruled that the surviving owner’s consent was required before any sale could proceed.
What Happens If Heirs Refuse to Cooperate?
When heirs refuse to sign documents, delay communication, or challenge the executor’s decisions, the process can drag on. Fortunately, there are solutions.
1. Petitioning the Court
The executor can petition the probate court for permission to proceed with the sale. The judge will review the situation and decide whether the sale benefits the estate.
2. Partition Action
If multiple heirs own the property together (after probate is closed), one or more heirs can file a partition action — a lawsuit asking the court to force the sale and divide the proceeds. You can learn more about partition actions through the California Courts Self-Help Guide.
3. Mediation or Settlement
Before resorting to court, families can often resolve disagreements through mediation. A neutral third party helps everyone communicate and reach a compromise without additional legal battles. This approach is usually faster, less expensive, and less stressful than litigation.
The California Courts Alternative Dispute Resolution (ADR) Program provides resources on mediation and how it can help families settle probate disputes efficiently.
Tips to Avoid Family Conflict During a Probate Sale
Selling a home during probate is stressful enough — adding family disagreements can make it overwhelming. Here are some ways to reduce tension:
- Communicate openly. Keep all heirs informed of progress and decisions.
- Share documents. Transparency about appraisals and offers helps build trust.
- Hire a neutral professional. Using a probate-experienced realtor or investor prevents family members from feeling left out.
- Consider selling as-is. Cash buyers simplify the process, reduce delays, and minimize arguments about repairs or renovations.
Example: A Los Angeles family had four heirs, two living out of state. Instead of arguing over fixing the house, they sold it as-is to a cash buyer and split the proceeds equally within 30 days.
The Role of the Probate Court
Even when heirs disagree, the probate court’s job is to act in the best interest of the estate — not any single heir. The court may allow a sale if it determines it’s fair and necessary to settle debts or distribute inheritance.
During confirmation hearings, judges often consider:
- Whether the home is priced fairly
- If all heirs were properly notified
- Whether the sale benefits the estate
If the sale meets these requirements, the court will usually approve it even over objections.
For reference, you can review the California Probate Code § 10300-10308 for details on how court-confirmed probate sales work.
Selling As-Is to Simplify the Process
When family tensions are high, the last thing you need is a complicated sale. Selling the home as-is — especially to a probate-experienced cash buyer — can save months of conflict.
Cash buyers don’t require repairs, inspections, or long negotiations. They handle everything from paperwork to cleanup, allowing heirs to divide proceeds and close the estate faster.
Example: A San Bernardino family with five heirs couldn’t agree on repairs. Once they accepted a cash offer, the buyer closed in 14 days, and the court approved the sale without further objections.
Final Thoughts
Selling a house during probate when not all heirs agree can feel impossible — but in California, it’s often still doable. Whether through executor authority, court approval, or mediation, there are legal ways to move forward fairly.
The key is understanding your rights, communicating with family, and working with professionals who specialize in probate sales.
At Mrs. Property Solutions, we’ve helped countless California families navigate complicated probate situations — including selling homes when heirs couldn’t agree. If you’re facing this challenge, reach out to us today. We can help simplify the process and guide you toward a smooth, respectful resolution.