The court's letters to that personal representative say which route applies. That one notation sets the price rules, the timing and how much say the heirs have.

This is general information, not legal advice. Your probate attorney can tell you how each step applies to your estate.

Who can sell a house in probate in California?

Only the personal representative, and only after the court issues letters. A will may name an executor, but no one has power to administer the estate until letters issue (Probate Code 8400). Before then, the named executor can pay funeral costs and take steps to maintain and protect the house.

The representative is an executor when the will names them and an administrator when it does not. Without a named executor, California's courts give priority to a surviving spouse or domestic partner, then the children.

Full authority or limited authority under the IAEA

Full authority lets the representative sell the house without a court hearing. Limited authority covers most estate business but keeps the house sale under court supervision.

Both come from the Independent Administration of Estates Act, which starts at Probate Code 10400. The court grants the authority unless someone objects and shows good cause. If the objector shows good cause only against full authority, the estate gets limited authority (10452).

Limited authority leaves out selling, exchanging or granting an option on real property, and borrowing against it (10403). The letters say whether those powers are included (8405), so read them before you list the house.

Full authority has limits too. A sale to the representative or the representative's attorney still needs court supervision (10501).

Selling a house in probate with full authority: the Notice of Proposed Action

With full authority, the representative signs a purchase contract and sends a Notice of Proposed Action at least 15 days before the date the sale will go ahead (10586). If no one objects, escrow closes without a court hearing.

The notice goes to each heir or beneficiary whose share the sale affects and to anyone who requested special notice (10581). For a house, it must state the price and the agent's commission or how it is calculated (10585). Judicial Council form DE-165 is the standard form.

Heirs who agree can sign a written consent, and then no notice to them is required (10582). When everyone entitled to notice consents, the sale does not wait out the 15 days.

An heir who objects in writing before the date in the notice changes the route (10587). The representative can then sell only under court supervision, which means a confirmation hearing (10589). An heir can also get a court order barring the sale without supervision; the court must grant it on request (10588).

Under Probate Code 10503, a full-authority sale needs no published notice of sale, no court approval of the commission, no 90 percent floor and no confirmation hearing. Form DE-165 warns heirs that higher bids will not be heard. An heir who got proper notice and did not object cannot ask the court to review the sale later (10590).

Court confirmation and the overbid rules

Without full authority, or after an objection, a judge must confirm the sale before title passes (10308). At that hearing, a responsible buyer can top the accepted offer by a set margin, and the court generally confirms the sale to the highest qualifying bid.

A notice of sale runs first in a newspaper in the county where the house is (10300), unless the will authorizes or directs the sale (10303). After accepting a written offer, the representative files a report of sale and petition for confirmation on Judicial Council form DE-260. Notice of the hearing goes out at least 15 days ahead (1220).

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The judge looks at whether the sale is necessary or to the estate's advantage, and at the effort made to get the highest price reasonably attainable (10310). Any interested person can object and testify.

A new bid at the hearing must be at least 10 percent more on the first $10,000 of the accepted offer and 5 percent more on the rest (10311). On a $1,000,000 accepted offer, the first overbid must be at least $1,050,500. Agent commissions are left out of that comparison, and the court can turn down the overbids and order a new sale.

The 90 percent rule and the probate referee's appraisal

A court-confirmed private sale must bring at least 90 percent of the appraised value, from an appraisal made within a year before the hearing (10309). On a house appraised at $1,200,000, the floor is $1,080,000.

The inventory and appraisal are due within four months after letters issue (8800), and a court-appointed probate referee values the house (8902). An appraisal more than a year old at the hearing must be redone, and the court can allow a new one if it finds the old value too high or too low (10309).

The floor does not apply to a full-authority sale (10503). There, the heirs' protection is the notice. An heir who thinks the price is low can object and move the sale into court, where the floor and overbids apply.

How long a probate sale takes in California

The statutes set the minimum waits, and each county court's calendar sets the rest.

The hearing on the petition for probate is set 15 to 30 days after filing, or 30 to 45 days if the petitioner asks (8003).
The inventory and appraisal are due within four months after letters issue (8800).
A Notice of Proposed Action gives at least 15 days (10586), unless everyone entitled to it consents.
A confirmation hearing needs at least 15 days' notice, after any required notice of sale (1220, 10300).
Creditors have four months after letters issue to file claims (9100).
Within a year after letters, the representative must petition for final distribution or report on the estate's status, or within 18 months if a federal estate tax return is required (12200).

We can make an offer within 24 hours. We can close in as little as 7 days when the title is clear; 30 to 60 days is typical. In probate, closing waits for letters and then for the notice period, consent from everyone entitled to notice, or the court's confirmation. If the house has a reverse mortgage, tell us early and we will work to the lender's payoff deadline.

When a sale before or after probate is simpler

Some houses never need a probate sale, and some sell more simply once probate ends.

A successor trustee sells a house held in a living trust. The Superior Court of Alameda County says the trustee does not need the court and will probably need only the trust document and a death certificate. Gary's father's house was in a living trust, so probate was not needed, and Gary's sale closed in about 30 days.

California's courts also explain that a house held in joint tenancy goes to the surviving owner, and a transfer on death deed can pass it to the person named. For deaths on or after April 1, 2025, whoever inherits a primary residence worth up to $750,000 can ask the court for an order transferring it without full probate, once 40 days have passed (13151). The limit is gross value, before any mortgage, so many Bay Area homes are over it. A surviving spouse or domestic partner may use a spousal property petition (13650).

After probate, once the court orders the house distributed, the heirs own it and sell like any other owners, with no notice of proposed action and no hearing. That means a longer wait, and every heir on title has to sign.

We also buy from trustees, conservators and agents under a power of attorney. Our page on selling a house for health reasons covers those sales.

Listing or a cash sale for a house in probate

Selling a home in probate through a listing may net more when the house shows well and the estate has time. A cash sale fits better when the house needs work, sits empty or the heirs live far away.

Under full authority, the heirs see the commission in the notice (10585). In a confirmed sale, form DE-260 asks how the house was exposed to the market, such as multiple listings, advertising and open houses.

"We buy during open probate," as our page on selling an inherited house says. We buy as-is, with no repairs or showings, and we cover the standard closing costs with no agent commission on our side. A dedicated transaction coordinator handles each sale. If the house sits empty, our page on selling a vacant house covers that case.

Price is the tradeoff. We pay fair prices, but not always full market value. For houses needing repairs, we calculate fair prices by subtracting repair costs. With limited authority, our offer goes to the confirmation hearing like any other, and another buyer can outbid it there. Our post on how a cash offer compares with a listing lays out the costs on both sides.

Frequently asked questions

Can you sell a house during probate in California?

Yes, once the court issues letters to the personal representative (Probate Code 8400). With full authority under the IAEA, the representative can sell after giving the heirs a Notice of Proposed Action at least 15 days ahead. With limited authority, the sale needs court confirmation. Before letters issue, a named executor can maintain and protect the house but cannot sign a sale.

Do all probate home sales need court confirmation?

No. A sale under full authority skips confirmation, the published notice of sale and the 90 percent floor (10503). Confirmation is required when the representative has limited authority or no IAEA authority. It is also required when an heir objects in writing to the Notice of Proposed Action, or gets a court order barring the sale without supervision (10588, 10589).

Can heirs stop a probate sale?

They can move it into court, and the judge decides. An heir entitled to notice can object in writing before the date in the Notice of Proposed Action, or get an order barring the sale without supervision (10587, 10588). At a confirmation hearing, any interested person can object and testify (10310). An heir who received proper notice and stayed silent cannot ask the court to review the sale afterward (10590).

Are probate sales cash only?

No. The estate can sell for cash or on credit, and a credit sale is secured by the buyer's note and a deed of trust on the house (10315, 10503). At a hearing, an overbid must come from a responsible person and comply with the law (10311). San Francisco's increased bid form states cash terms and a deposit paid with the bid.

Does a probate sale need seller disclosures?

The standard Transfer Disclosure Statement does not apply to sales by a fiduciary administering a decedent's estate, or to sales ordered by a probate court (Civil Code 1102.2). The federal lead paint disclosure still applies to most houses built before 1978, because its only sale exception is a foreclosure sale (24 CFR 35.82, 35.86). Ask the estate's attorney what to tell buyers about problems you know of.

Can the executor buy the house from the estate?

Yes, but under court supervision, even with full authority (10501). The exception is narrow: the representative is the only beneficiary or every known heir consents, the creditor claim period has ended, anyone who asked for special notice consents, and every filed creditor claim is paid, settled, withdrawn or consented to. Ask the estate's attorney about a court petition.

When you are ready to talk

If you are the executor, administrator or trustee, we can make you an offer to compare with a listing, on your timeline. Our page on selling an inherited house has more on that situation. Send us a message or call (510) 283-9871.

Selling a House in Probate in California: How the Process Works