How Does a Probate Sale Work for My Mother's House in Altadena?

When may the estate sell my mother's Altadena house?

Under Probate Code section 10000, the personal representative may sell estate real property if necessary to pay debts, devises, family allowance, administration expenses or taxes, or if advantageous to the estate and in the interest of interested persons, or if the will directs or authorizes the sale.

Whether your mother's Altadena house should be sold is a decision for the personal representative, interested persons, and the estate's attorney. An agent is not mandatory.

Does the court have to approve the sale?

Not always. A personal representative with full authority under the Independent Administration of Estates Act has the power to sell real property (Probate Code section 10511) without court confirmation (section 10503). Before the sale, the representative delivers a Notice of Proposed Action, Judicial Council form DE-165, to the people entitled to notice at least 15 days before the sale date (section 10586). Anyone entitled to notice can object by delivering a written objection to the representative (section 10587); after an objection, the sale can proceed only under court supervision (section 10589). With limited authority, the personal representative is required to obtain court supervision to sell real property (sections 10403 and 10501).

When the sale goes through the court, Probate Code section 10300 requires notice of sale to be published under Government Code section 6063a in a newspaper published in the county where the property is located; for an Altadena house, that is Los Angeles County. Sections 10301 to 10303 provide exceptions, for example for property worth $5,000 or less and when the will directs or authorizes the sale. Sales under full IAEA authority are exempt from that publication requirement (sections 10300 and 10503).

Under Probate Code section 10308, notice of the confirmation hearing must be given as provided in Probate Code section 1220 to designated persons and the purchasers, and posted as provided in section 1230. The estate's counsel typically handles these notices.

What are the 90 percent rule and the overbid minimum?

When the sale goes through court, Probate Code section 10308 requires it to be reported to and confirmed by the court before title passes to the purchaser (full-IAEA sales are the exception under section 10503); the report is filed on Judicial Council form DE-260. Under Probate Code section 10309, no private sale of real property shall be confirmed unless the property was appraised within one year before the confirmation hearing, the appraisal valuation date is within one year of the hearing, and the offer is at least 90 percent of the appraised value.

Under Probate Code section 10310, at the confirmation hearing the court examines the necessity for the sale or the advantage to the estate and benefit to interested persons (no such showing is needed if the will authorizes or directs the sale), plus the personal representative's efforts to obtain the highest price reasonably attainable. Under Probate Code section 10311, if a written overbid is made at the confirmation hearing, the court accepts the highest qualifying offer if it exceeds the original bid by at least 10 percent of the first $10,000 of the original bid plus 5 percent of the amount above $10,000, made by a responsible person; the court may instead order a new sale. Commissions are not counted when comparing the bids.

What is the next step for my mother's Altadena house?

A citywide figure is not your mother's house's value. What your mother's Altadena house may bring depends on the property itself and on the offer the court is later asked to confirm.

Sidney Manzo, in real estate since 1990, can prepare a Property-Specific Home Value Review and helps with the property side, meaning pricing, prep, marketing, showings and offers, alongside the estate's attorney. See also Sell a home in Altadena and Altadena probate sales.

How does Prop 19 affect inheriting a home in California?

Since February 16, 2021, Proposition 19 lets a parent-to-child transfer of a family home keep its taxable value only if the home was the parent's principal residence and becomes the child's principal residence; a grandparent-to-grandchild transfer has its own conditions and uses form BOE-19-G. The exclusion has a cap. If the home's market value is more than its taxable value plus $1,044,586 (the BOE figure for transfers from February 16, 2025 through February 15, 2027), the difference is added to the assessed value. The claim form is BOE-19-P. For your situation, check with the county assessor or a tax advisor. Sidney helps with the property side. Source: State Board of Equalization (BOE), Proposition 19.

Per the BOE, the home must have been the parent's principal residence and become the child's principal residence, with a homeowners' or disabled veterans' exemption filed within one year (a later filing applies the exclusion only going forward); the BOE-19-P claim is filed within three years from the date of death or before a transfer to a third party, whichever is earlier, and family farms are covered by separate rules. Ask a CPA or attorney how this applies to the estate.

General information, not legal or tax advice. Talk with a California attorney or CPA about your situation. Rules as of October 20, 2026; they change, so check the official sources listed below.

Related Altadena Seller Resources

• Sell a Home in Altadena
• Altadena estate sales page
• Should I Sell My Altadena Lot After the Eaton Fire?