How to Sell a House in Probate in California: LA, OC & SD

To sell real estate in a California probate, the court first appoints an executor or administrator and issues Letters. The representative then lists the property and sells it under either full authority, with a Notice of Proposed Action and no hearing, or limited authority, which requires a court confirmation hearing. The statewide rules are the same in Los Angeles, Orange and San Diego Counties. The courthouse, calendar and local practice are what differ.

Can You Sell a House in Probate in California?

Yes. Once the court issues Letters, the executor or administrator (the “personal representative”) has authority to sell real property that belongs to the estate. Before Letters issue, no one can sign a listing or a purchase contract for the estate, although the family can start preparing the house.

The sale then follows one of two paths, and the Letters say which one applies:

• Full authority. The representative accepts an offer, serves a 15-day Notice of Proposed Action on heirs and beneficiaries, and closes escrow without a court hearing unless someone objects.
• Limited authority. The sale needs a court confirmation hearing. The price must be at least 90% of the probate referee’s appraisal, and other buyers can overbid in the courtroom.

An administrator (appointed when there’s no will) has the same power to sell as an executor. What matters is the authority on the Letters, not the title. Everything below walks through each step for Los Angeles, Orange and San Diego Counties.

Where Is Probate Filed in Los Angeles, Orange and San Diego Counties?

Probate is opened in the superior court of the county where the decedent was domiciled at death, regardless of where they died (Probate Code §7051). If a Long Beach resident owned a rental in Irvine, the case is filed in Los Angeles County. The Irvine property is sold through that case.

Court assignments change from time to time, so confirm the department on your case before a hearing. For a city-by-city view, see our pages for Los Angeles County, Orange County and San Diego County.

What Are the Steps to Sell a House in Probate?

1. Petition for probate. The named executor, or a proposed administrator if there’s no will, files the petition. Notice is published and mailed to heirs before the hearing.
2. Letters issue. In Los Angeles, Orange and San Diego Counties this usually takes about two months from filing, assuming no objections. Letters state whether the representative has full or limited authority.
3. Secure the property. Insure it, keep utilities on, and plan for occupants. The representative has the right to possession of estate property (Probate Code §9650).
4. Inventory and appraisal. The court-appointed probate referee appraises the real property, and the inventory is due within four months of Letters (§8800).
5. List and market the property. Use probate-specific listing and purchase documents so buyers understand the notice period or court confirmation up front.
6. Accept an offer. What happens next depends on the authority on the Letters (below).
7. Close escrow. Proceeds go into the estate. They’re distributed with the court’s approval at the end of the case, after the creditor claim period of four months from Letters (§9100) and the final accounting.

Typical Timeline at a Glance

Selling a house that was held in a living trust instead? That usually skips probate entirely; see selling a house in a trust in California.

How Does a Full-Authority Sale Work?

With full authority under the Independent Administration of Estates Act, the representative can sell without court confirmation. Publication of a notice of sale, the 90%-of-appraisal floor and court review of the sale don’t apply (Probate Code §10503). Instead, after accepting an offer, the representative serves a Notice of Proposed Action on heirs and beneficiaries at least 15 days before acting (§10586). If no one objects, escrow closes on a normal timeline, with no hearing and no overbids. If someone objects, the sale moves to court.

How Does a Court-Confirmed Sale Work?

Limited authority doesn’t include the power to sell real property (Probate Code §10403), so the sale must be confirmed by the court. A few rules shape the process:

• Notice of sale. For a private sale, notice is generally published in a newspaper in the county where the property is located (§10300), subject to statutory exceptions.
• Report of Sale and petition. The representative files a Report of Sale and Petition for Order Confirming Sale (§10308).
• The 90% rule. The accepted price must be at least 90% of the appraised value (§10309).
• Overbids in the courtroom. At the hearing, a new bidder can overbid. The first overbid must be at least the accepted price plus 10% of the first $10,000 and 5% of the rest (§10311). Try our probate overbid calculator, or read how overbidding works.
• Order and closing. Escrow closes after the court signs the order confirming the sale.

Compare the two paths side by side on our full vs. limited authority guide.

What Should Buyers Know About Buying a Probate Property in California?

Probate homes can be good opportunities, but the process is different from a standard purchase:

• As-is condition. Estates usually sell without repairs, and the representative may have limited personal knowledge of the property. Inspections during your contingency period matter more than usual.
• Court-confirmed sales take patience. Your accepted offer is not final until the judge confirms it. Escrow waits for the hearing, and another buyer can overbid you in the courtroom.
• Overbidding at the hearing. If you plan to overbid on someone else’s accepted offer, bring the deposit and proof of funds the court requires. In San Diego, for example, the local rules call for certified funds of at least 10% of the bid.
• Full-authority sales feel more normal. After the 15-day Notice of Proposed Action, escrow closes much like a regular sale, with no hearing or overbids unless someone objects.

Our overbid calculator shows the minimum first overbid on any accepted price.

What’s Different About Selling Probate Property in Each County?

The statutes are statewide. These practical differences come up most often.

• Los Angeles County. It’s the largest probate court in the state, so hearings can be set weeks or months out. Many LA estates also include rent-controlled units or small multifamily property, where tenant protections affect timing and price.
• Orange County. The court’s current designation list (effective June 30, 2025) assigns probate to the Costa Mesa Justice Complex. Older guides that point to courthouses in Santa Ana or Orange are out of date. Many OC estates involve HOA communities, so order HOA documents early.
• San Diego County. Probate is centralized at the Central Courthouse downtown. The court posts remote-appearance information for probate hearings online, which helps out-of-area executors.

In all three counties, the two most common delays are disputes among heirs and occupancy. A tenant or family member in the home changes the sale timeline. See our guide to selling an inherited house with tenants or family living in it.

Frequently Asked Questions

Can you sell a house while it’s in probate?

Yes. The house can be sold any time after the court issues Letters, long before the probate case closes. Proceeds stay in the estate until the court approves distribution.

What’s the difference between an estate sale and a probate sale?

An “estate sale” usually means selling the household contents, like furniture and collectibles. A probate sale is the sale of the real property through the probate case, under the rules above. A house held in a living trust is sold by the successor trustee and normally doesn’t go through probate at all.

Do I need a special realtor to sell a probate home?

The law only requires a licensed broker if you use an agent, but probate sales have their own notices, contracts and court steps. An agent who has handled them avoids delays at the hearing. See our guides to choosing a probate agent in Los Angeles, Orange County and San Diego.

Do I file probate in the county where the house is?

No. Probate is filed in the county where the decedent was domiciled at death. Property in another California county is sold through that same case.

Where are probate hearings held in Orange County?

At the Costa Mesa Justice Complex, 3390 Harbor Boulevard, Costa Mesa, according to the Orange County Superior Court’s current probate self-help page and court designation list.

Does every probate sale need a court hearing?

No. With full IAEA authority, the representative serves a Notice of Proposed Action instead, and a hearing is needed only if someone objects. Limited authority sales always need court confirmation.

How long does a probate home sale take?

Once Letters issue, a full-authority sale can close on a timeline similar to a standard sale after the 15-day notice period. Court-confirmed sales take longer because escrow waits for the hearing and the order. See how long probate takes in California.

Selling real estate in a Los Angeles, Orange or San Diego County probate? Talk with our attorney-led team about timing and strategy, or request a free valuation to see what the property is worth today. Learn more about our probate sales services. Our team is happy to coordinate with your probate attorney, who advises on the legal questions in your case.