A California probate house is sold by the personal representative the court appoints. If the court grants full independent authority, the sale usually goes forward after a written notice to heirs. Otherwise the court confirms the sale at a hearing, where other buyers can bid higher. Your attorney confirms which path applies.
By Sidney Manzo, CA DRE #01108914 · RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193 · Updated November 4, 2026
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Can the executor sell the house during probate?
Only the personal representative the judge appoints: an executor if the will names one, an administrator if not (California Courts, probate guide). The court's letters show whether that person may sell real property under independent authority (Probate Code §8405). Trust homes usually skip probate: see selling an inherited or trust home.
Probate sale court confirmation in California: when is it required?
With full authority under the Independent Administration of Estates Act, the heirs get a notice of proposed action before the sale, and a timely written objection sends the sale to court supervision (Probate Code §10589). With limited authority or none, the sale is reported to the court and confirmed before title passes (Probate Code §10308). Your attorney handles this part, and I work alongside them.
Probate overbid process in California: how does it work?
At the hearing, another buyer can bid in court. A qualifying overbid is at least 10 percent more on the first $10,000 of the original bid and 5 percent more on the rest (Probate Code §10311). The first buyer's contract isn't final until the judge rules.
How long does it take to sell a house through probate?
No one can promise a date. The California Courts guide says formal probate typically takes 9 to 18 months and can take longer; the sale is one step inside it (California Courts, formal probate). A buyer paying without a loan may close sooner once the notice period or the court allows.
Do probate sales need seller disclosures?
Sales ordered by a probate court and sales by a fiduciary administering an estate are exempt from the Transfer Disclosure Statement (Civil Code §1102.2). Other disclosure duties under Civil Code sections 1102, 1102.2 and 1103, plus local rules, can still apply, so your attorney decides which forms the estate signs.
How is property valued for probate in California?
I study recent nearby sales and write an opinion of value, which is not an appraisal. On the confirmation path, I set it beside the probate referee's appraisal, because a private-sale offer has to meet the floor in Probate Code §10309. Taxes, including Proposition 19 if an heir may keep the house, go to your CPA (BOE, Proposition 19).
Find help in your city
Local steps and city pre-sale rules:
Alhambra · Altadena · Arcadia · Atwater Village · Azusa · Baldwin Park · Burbank · Covina · Duarte · Eagle Rock · Echo Park · El Monte · Fontana · Glassell Park · Glendale · Glendora · Highland Park · La Cañada Flintridge · La Crescenta · La Puente · La Verne · Los Feliz · Monrovia · Monterey Park · Montecito Heights · Montrose · Mount Washington · Pasadena · Pomona · Rancho Cucamonga · Rosemead · San Dimas · San Gabriel · San Marino · Sierra Madre · Silver Lake · South Pasadena · Temple City · Tujunga · West Covina
Journal notes on probate and estate sales:
- How does a probate home sale work in LA County?
- How do I choose a probate REALTOR® in Pasadena?
- How do I choose a probate REALTOR® in San Marino?
- How do I choose a probate REALTOR® in South Pasadena?
- How does a probate sale work for my mother's house in Altadena?
- I'm the executor and the house is dated and full of belongings
- How do I sell an inherited house in California?
Probate sale questions sellers ask
Do you need a lawyer to sell a house in probate?
The law doesn't require the personal representative to hire one, but the California Courts guide suggests talking to a lawyer and notes their fees are usually paid from the estate.
Can you list a house for sale before probate is finished?
Yes, once the personal representative has letters with authority to sell. The sale itself happens inside the open case, through either a notice of proposed action or court confirmation.
Do all heirs have to agree to sell property in California?
Not always. With full authority, heirs get a notice of proposed action and can object in writing. With court confirmation, interested persons get notice of the hearing and can appear.
What is a probate referee?
The personal representative usually asks a probate referee, an appraiser appointed through the court, to value real property and personal property for the inventory. On the court-confirmation path, a private-sale offer has to reach at least 90 percent of an appraisal made within a year of the hearing.
Who pays the real estate commission in a probate sale?
Real estate commissions are negotiable and are set in the written listing agreement. The commission is paid from the sale proceeds under the listing agreement the personal representative signs. On the court-confirmation path, the court approves the agents' commissions as part of confirming the sale.
General information checked against the sources above on Nov 4, 2026. Not legal or tax advice. Opinion of value, not an appraisal.