[Home](https://realestateworks.com/) → [Services](https://realestateworks.com/services) → Probate California · Probate # Selling a probate home in California? Once the court issues letters, a probate home is sold one of two ways: under full IAEA authority after a Notice of Proposed Action, or with court confirmation. The estate's attorney decides which applies. Sidney Manzo, a San Gabriel Valley agent in real estate since 1990, prepares, prices and lists estate homes alongside that attorney. [Call (626) 296-2900](tel:+16262962900)[En español](https://ayudaparavendercasa.vercel.app/services/probate) Home value What’s my home worth? Get my free home review ## Discuss a Probate Property If you are dealing with a property that may be part of a probate estate, we can discuss the real-estate side of the situation once the appropriate authority has been established. A conversation does not create a listing agreement or agency relationship. [Book a seller consultation](https://realestateworks.com/book?kind=seller-consultation&from=%2Fservices%2Fprobate&topic=Probate)[(626) 296-2900](tel:+16262962900) ## What probate real estate means Probate is a court process used to transfer property after someone dies when the estate requires it. The California Courts self-help materials describe probate as the legal process that may be required to transfer or inherit property. A house can remain inside that process, or it can pass outside probate if title and estate planning already allow it. Which path applies is a legal and title question. A real-estate professional does not determine whether probate is required. ## When a property may be involved A house may become part of a probate estate when the decedent held title in a way that does not automatically transfer at death. Arrangements such as joint tenancy, community property with right of survivorship, a living trust, or other title forms can change the path. Whether a particular property is inside or outside probate is a title and legal determination. ## Who may need help with a probate property Probate-related real-estate situations may involve executors, administrators, personal representatives, trustees, heirs, beneficiaries, and family members involved in the estate. Legal authority to act must be established by the appropriate professionals. A real-estate professional does not decide who has that authority. Once the real-estate path is established, a licensed real-estate professional can assist with a property-specific market analysis, condition, preparation, marketing, buyer inquiries, offers and negotiations, and sale coordination. That assistance is not legal or probate advice. ## The role of the personal representative When probate is required, a personal representative may be appointed to administer the estate. Letters testamentary or letters of administration, and the scope of authority granted, are court and attorney matters. The person who lived in the house may not be the person who can later list or convey it. Who may sign, and under what authority, must be confirmed with the estate’s attorney and with title or escrow professionals before a listing agreement is executed. ## California probate sale pathways California probate estates can involve different levels of authority for the personal representative. Depending on the authority granted and the circumstances of the estate, a real-property sale may proceed under independent administration procedures or may require court confirmation. This page is not legal instruction. The estate’s attorney determines which procedure applies, what notices are required, and whether court approval is necessary. - Independent administration Where the court has granted authority to administer the estate under the Independent Administration of Estates Act, certain real-property sales may proceed without a prior court confirmation hearing, typically after any required notice of proposed action to heirs and interested persons. The exact notices, waiting periods, and limits of that authority are legal questions. Not every independently administered estate follows the same steps. With full authority, the personal representative must give a Notice of Proposed Action (Judicial Council form DE-165) at least 15 days before the sale, and heirs may object (Prob. Code §§10580–10592). Limited authority does not include selling real property, so that sale needs court supervision (Prob. Code §10403). [Prob. Code §10586](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10586) · [Judicial Council form DE-165](https://courts.ca.gov/sites/default/files/courts/default/2024-11/de165.pdf) · [Prob. Code §10403](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10403) - Court confirmation Where independent authority does not cover the sale, or where the circumstances of the estate require it, a sale may need court confirmation. That can involve a petition, a hearing, and other court-directed steps. California Probate Code section 10309 addresses confirmation of certain private sales of real property and, where that statute applies, can include a condition that the sum offered is at least 90 percent of the appraised value described in the statute. Whether section 10309 applies, how appraisal is determined, and whether any exception or further court action is available are matters for the estate’s attorney. This is not a universal rule for every probate sale. At the confirmation hearing, other buyers may overbid. The first overbid must be at least 10% more on the first $10,000 of the accepted price plus 5% more on the rest (Prob. Code §10311), and the court may accept the highest qualifying bid. [Prob. Code §10311](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10311) Which pathway applies in any given estate is determined by the court and the attorney handling the matter — not by a real-estate website. ## Court and documentation California Courts self-help materials explain that probate, when required, is handled through the Superior Court and that a personal representative may need court authority before selling real property. Letters testamentary or letters of administration, the scope of independent or limited authority, any required court confirmation of a sale, and who may sign a listing or deed are to be confirmed by the estate’s attorney and by appropriate title and escrow professionals. This page does not tell visitors which legal forms to file, identify a courthouse, or set a timeline for any estate. ## What happens before a property can be marketed Before a house is offered for sale, the person who will sign must have the legal ability to convey, and the title and authority questions that belong to counsel and title professionals should be settled enough to proceed. Occupancy, access, personal property, insurance, and the condition file are real-estate questions that can be discussed once that authority is in place. Marketing does not begin because a website was visited. A conversation is not a listing. ## How a probate-related sale differs from an ordinary listing An ordinary real-estate sale generally begins with an owner or authorized party who can convey title. A probate-related sale may involve additional authority, notices, court procedures, estate documentation, or other requirements that do not apply to a typical owner-occupied listing. Marketing, condition, occupancy, personal property, and disclosure still matter. The person authorized to accept an offer and sign documents may not be the person who previously lived in the house. The real-estate professional can handle the real-estate side once the appropriate authority has been established. ## Working with a licensed agent These are real-estate matters. Legal authority remains with the appropriate attorney and title professionals. Once authority to convey exists, a licensed real-estate professional can discuss: - Property condition and the disclosure file - Market value and pricing strategy — advisory only, not an appraisal - Preparation versus selling in current condition - Conventional and as-is marketing approaches - Occupancy and property access - Personal property remaining at the home - Buyer inquiries and offer terms - Inspection and appraisal considerations in a sale - Marketing and showing strategy - Coordination with the estate’s attorney and other professionals Who is authorized to list or convey title must be confirmed with counsel before a listing agreement is signed. ## What we cannot determine A real-estate professional does not determine: - Whether an estate must go through probate - Who legally owns the property - Who has authority to sell - Whether court confirmation is required - How an estate should be distributed - How a will or trust should be interpreted - Legal disclosure requirements - Tax consequences - Legal rights of heirs or beneficiaries Those questions should be addressed by the appropriate California attorney, title or escrow professional, tax professional, or other qualified professional. ## City notes Estates in Los Angeles County are opened in the Superior Court of Los Angeles County, and new probate petitions are generally filed at the Stanley Mosk Courthouse, 111 N. Hill St., in downtown Los Angeles. Fontana and Rancho Cucamonga are in San Bernardino County, where probate cases are filed and heard at the court's [Fontana District](https://sanbernardino.courts.ca.gov/general-information/where-can-i-file). When the home sells, Los Angeles County's documentary transfer tax is $1.10 per $1,000 of value. Pomona adds a city tax of $2.20 per $1,000, and homes inside the City of Los Angeles, such as Eagle Rock, Montecito Heights and Tujunga, add $4.50 per $1,000 plus the Measure ULA tax on sales above $5,300,000 (City of Los Angeles rates effective July 1, 2025). The estate's attorney and escrow confirm the filing court and the taxes for each file. ## Probate pages by city ### Pasadena and the foothills - [Pasadena](https://realestateworks.com/cities/pasadena/probate) - [Altadena](https://realestateworks.com/cities/altadena/probate) - [South Pasadena](https://realestateworks.com/cities/south-pasadena/probate) - [San Marino](https://realestateworks.com/cities/san-marino/probate) - [Sierra Madre](https://realestateworks.com/cities/sierra-madre/probate) - [Arcadia](https://realestateworks.com/cities/arcadia/probate) - [Monrovia](https://realestateworks.com/cities/monrovia/probate) - [Duarte](https://realestateworks.com/cities/duarte/probate) ### West San Gabriel Valley - [Alhambra](https://realestateworks.com/cities/alhambra/probate) - [Monterey Park](https://realestateworks.com/cities/monterey-park/probate) - [San Gabriel](https://realestateworks.com/cities/san-gabriel/probate) - [Rosemead](https://realestateworks.com/cities/rosemead/probate) - [Temple City](https://realestateworks.com/cities/temple-city/probate) - [El Monte](https://realestateworks.com/cities/el-monte/probate) ### East San Gabriel Valley - [Azusa](https://realestateworks.com/cities/azusa/probate) - [Glendora](https://realestateworks.com/cities/glendora/probate) - [Covina](https://realestateworks.com/cities/covina/probate) - [West Covina](https://realestateworks.com/cities/west-covina/probate) - [Baldwin Park](https://realestateworks.com/cities/baldwin-park/probate) - [La Puente](https://realestateworks.com/cities/la-puente/probate) - [San Dimas](https://realestateworks.com/cities/san-dimas/probate) - [La Verne](https://realestateworks.com/cities/la-verne/probate) - [Pomona](https://realestateworks.com/cities/pomona/probate) ### Glendale, Burbank and the Verdugo foothills - [Glendale](https://realestateworks.com/cities/glendale/probate) - [Burbank](https://realestateworks.com/cities/burbank/probate) - [La Cañada Flintridge](https://realestateworks.com/cities/la-canada-flintridge/probate) - [La Crescenta](https://realestateworks.com/cities/la-crescenta/probate) - [Montrose](https://realestateworks.com/cities/montrose/probate) - [Tujunga](https://realestateworks.com/cities/tujunga/probate) ### Northeast Los Angeles - [Eagle Rock](https://realestateworks.com/cities/eagle-rock/probate) - [Highland Park](https://realestateworks.com/cities/highland-park/probate) - [Montecito Heights](https://realestateworks.com/cities/montecito-heights/probate) ### Inland Empire - [Fontana](https://realestateworks.com/cities/fontana/probate) - [Rancho Cucamonga](https://realestateworks.com/cities/rancho-cucamonga/probate) ## Cities we serve City-specific notes, when published, appear on each city hub. Open a matching circumstance page where one exists, or browse the city directory. - ### Probate real estate agent in Pasadena, CA Open city guide - ### Probate real estate agent in Alhambra, CA Open city guide - ### Probate real estate agent in Monrovia, CA Open city guide - ### Sell a home in Pasadena, CA Open city hub - ### Sell a home in Alhambra, CA Open city hub - Directory Cities we serve Browse ## Related circumstances Adjacent guides for sellers whose situation may overlap. Each page keeps its own factual notes — nothing here invents fees or promises outcomes. ### Inherited property Confirm who has authority to sell, then value, prepare and list the home with your attorney and CPA. Open guide ### As-is sales As-is means no agreed repairs, but California sellers still disclose known material facts. See how pricing in current condition works. Open guide ### Back to services Compare listing-side service levels and fees on the services index. View services Related reading ### How does a probate home sale work in LA County? Read the note ### Do I pay capital gains tax when I sell my house in California? Read the note Plan the numbers - [Seller net sheet Estimate what a sale may net after loans, costs and transfer tax.](https://realestateworks.com/tools/seller-net-sheet) [See all eight tools](https://realestateworks.com/tools) ## Questions **Is this legal advice?** No. Probate authority, court procedures, notices, and who may convey title are matters for a California attorney. We discuss the real-estate path only after authority is confirmed. **Does a conversation list the house?** No. Nothing on this page creates a listing agreement or agency relationship. **Does a probate property have to be sold?** No. A sale is not automatically required simply because a property is involved in an estate. Whether a sale is appropriate is an estate and legal matter. **Can a probate property be sold before the probate process is complete?** It depends on the authority established for the estate and the circumstances of the property. The estate’s attorney should determine whether and how the property can be marketed or sold. **Who signs the listing agreement?** The person authorized to act for the estate must be identified before a listing agreement is executed. That identification is a legal and title question, not a marketing question. **Does every probate sale require court confirmation?** No. Not every estate follows the same procedure. The applicable authority and procedure must be determined by the estate’s attorney. **Can a probate property be sold as-is?** Yes, often. Selling as-is limits repairs, not disclosure: the estate still owes the buyer the disclosures the law requires, and the attorney confirms which apply. As-is is about repairs, not silence. ## Sources 1. [California Courts — Probate self-help](https://selfhelp.courts.ca.gov/probate) 2. [California Probate Code § 10309 (confirmation of private sale of real property)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10309) 3. [California Probate Code § 10403 (limited authority does not include selling real property)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10403) 4. [California Probate Code § 10586 (Notice of Proposed Action, 15 days)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10586) 5. [California Probate Code § 10311 (overbids at the confirmation hearing)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10311) 6. [Judicial Council form DE-165, Notice of Proposed Action](https://courts.ca.gov/sites/default/files/courts/default/2024-11/de165.pdf) 7. [LA County: Stanley Mosk Courthouse, Probate Department](https://locator.lacounty.gov/lac/Location/3176798/los-angeles-county-superior-court---central-district--stanley-mosk-courthouse---probate-department) 8. [Superior Court of California, County of San Bernardino: Probate](https://sanbernardino.courts.ca.gov/divisions/probate) 9. [LA County Registrar-Recorder: Documentary Transfer Tax](https://www.lavote.gov/home/recorder/property-document-recording/documentary-transfer-taxes/general-info) ## Who reviews your home? Sidney Manzo, Agent, CA DRE #01108914. - In real estate since 1990 - 155+ closed sales - RE/MAX Hall of Fame - Member, Pasadena Association of REALTORS® and C.A.R. - Works in English and Spanish. [About Sidney](https://realestateworks.com/about) RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193 Sidney Manzo, CA DRE #01108914, licensed in California. Informational only — not legal, tax, financial, foreclosure, or probate advice, and not an appraisal. Nothing on this page creates a listing agreement or agency relationship. Equal Housing Opportunity. --- Sidney Manzo, CA DRE #01108914 · RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193 · (626) 296-2900 Source page: https://realestateworks.com/services/probate