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Journal · selling

As Executor, How Do I Sell a Dated House Full of Belongings for the Heirs?

Decide with the heirs what to keep, clear enough for buyers to see the rooms, and price the house as it is. With full IAEA authority you sell after a 15-day Notice of Proposed Action if no one objects; otherwise the court confirms the sale and others may overbid, and Sidney Manzo helps with the property side alongside the estate's attorney.

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Not an appraisal. Equal Housing Opportunity. Sidney Manzo, CA DRE #01108914, licensed in California. Broker: RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193. Terms · Privacy

By Sidney Manzo, CA DRE #01108914 · RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193

Journal · selling

probate sale · executor · as-is home sale · Proposition 19 · estate property

Can I sell a dated house that is still full of belongings?

Yes. An executor can list a house that is dated and still holds the decedent's belongings, and Selling a California House Without Repairs is one way to present the property when heirs do not want to renovate first. Ask the estate's attorney which disclosures apply.

Clearing personal property so rooms can be seen often helps buyers judge the house; that is a practical step, not a confirmation rule in Probate Code section 10309. Light cleaning and removing items the heirs will keep or donate is usually enough to start. Repairs remain optional unless you and the heirs choose them.

Who has to approve the sale?

It depends on the authority the court gave the executor. With full authority under the Independent Administration of Estates Act, the executor has the power to sell real property (Probate Code section 10511) and does so without court confirmation (section 10503), after delivering a Notice of Proposed Action, Judicial Council form DE-165, to the people entitled to notice at least 15 days before the sale (section 10586). An heir who objects delivers a written objection to the executor (section 10587); after an objection, the sale can go forward only under court supervision (section 10589). With limited authority, the executor cannot sell real property without court supervision (sections 10403 and 10501).

Under Probate Code section 10309, no sale of real property at private sale shall be confirmed by the court unless the real property has been appraised within one year prior to the date of the confirmation hearing. The valuation date used in the appraisal is within one year prior to the date of the confirmation hearing.

Under Probate Code section 10309, the sum offered for the property is at least 90 percent of the appraised value of the property as determined by the appraisal. That 90 percent figure is a confirmation floor for a private sale, not a promised result for the heirs. At the confirmation hearing the court looks at the executor's efforts to obtain the highest price reasonably attainable (section 10310). Another buyer may overbid in court if the offer 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 (Probate Code section 10311); the report of sale is filed on Judicial Council form DE-260. The estate's attorney confirms which path applies.

How can Proposition 19 affect heirs after a death?

The State Board of Equalization (BOE) states that for inherited property the date of death is the date of change in ownership, and that Proposition 19's parent-child exclusion applies to deaths on or after February 16, 2021.

Per the BOE, the exclusion covers a family home that was the parent's principal residence and becomes the child's principal residence, with a homeowners' or disabled veterans' exemption filed within one year; family farms are listed separately. The claim form is BOE-19-P, filed within three years from the date of death or before a transfer to a third party, whichever is earlier. For transfers from February 16, 2025 to February 15, 2027, the value limit is the factored base year value plus $1,044,586. Ask a CPA or tax advisor how this applies to the estate.

What should an executor do next with this house?

Decide what personal property the heirs will keep, donate, or discard, then decide whether to present the house as-is or with limited preparation. See Selling a probate home in California and How does a probate home sale work in LA County? while you plan the listing. An agent is not mandatory.

Sidney Manzo, in real estate since 1990, can prepare your Property-Specific Home Value Review and helps with the property side, meaning pricing, clean-out planning, prep, marketing, showings and offers, alongside the estate's attorney.

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.

Questions homeowners ask next

Do I have to repair a dated probate house before listing?
You do not have to renovate a dated house before listing it. Emptying belongings so buyers can see the rooms is a practical step, not a confirmation requirement in Probate Code section 10309. Ask the estate's attorney which disclosures apply. Heirs sometimes prefer a limited clean-out over repairs; that choice depends on the property and the estate's timeline. An agent is not mandatory, and a request does not create a listing agreement. This note is not an appraisal.
What offer can the court confirm on a private probate sale?
Under Probate Code section 10309, no sale of real property at private sale shall be confirmed by the court unless the real property has been appraised within one year prior to the date of the confirmation hearing. The valuation date used in the appraisal is within one year prior to the date of the confirmation hearing, and the sum offered for the property is at least 90 percent of the appraised value of the property as determined by the appraisal. That floor is not a sale-price promise for the heirs. This note is not an appraisal, and a property-specific review of the address is the starting point for discussing how to present a dated house.
Is an inherited house the same as a house in probate?
If the house is being administered in a probate estate, the executor sells it for the estate; that is different from an heir who already holds title after distribution. In probate, the sale goes through full IAEA authority with a 15-day Notice of Proposed Action (Probate Code sections 10511 and 10586) or through court confirmation (section 10308). The estate's attorney confirms which applies. An agent is not mandatory, and a request does not create a listing agreement.
Can heirs avoid a property-tax reassessment after a death?
Possibly, if the home was the parent's principal residence and becomes the child's principal residence. For deaths on or after February 16, 2021, the BOE says the claim is BOE-19-P, filed within three years from the date of death or before a transfer to a third party, whichever is earlier, and for transfers from February 16, 2025 to February 15, 2027 the value limit is the factored base year value plus $1,044,586. Family farms are listed separately. A CPA or tax advisor can confirm whether it fits.
Can someone outbid my buyer at the court hearing?
Yes, if the sale goes to court confirmation. Under Probate Code section 10311, a new offer must exceed 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; the court takes the highest qualifying offer or may order a new sale. Sales under full Independent Administration of Estates Act authority skip confirmation (section 10503). An agent is not mandatory, a request does not create a listing agreement, and the estate's attorney confirms which path applies to this house.

Sources

Who can help with this?

Sidney Manzo is a local agent in the San Gabriel Valley who helps homeowners with probate sale and can review your situation and the next step. Sidney Manzo, CA DRE #01108914, licensed in California; 155+ closed sales; RE/MAX Hall of Fame; member of the Pasadena Association of REALTORS® and C.A.R. About Sidney Manzo · Get help with a probate sale.

RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193

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This note is not an appraisal and not legal, tax, or foreclosure advice. Nothing on this page creates a listing agreement. Equal Housing Opportunity.

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