Probate Overbid Calculator
California Probate Code §10311 & §10309Calculate the Minimum Overbid
Enter the accepted offer price from the Report of Sale to see the minimum first overbid at the court confirmation hearing and the deposit a bidder should bring.
Check the 90% Rule
How the Math Works
California Probate Code §10311 sets the minimum first overbid:
Accepted price
+ 10% of the first $10,000
+ 5% of the amount over $10,000
Example: for an accepted offer of $850,000, the minimum first overbid is $850,000 + $1,000 + $42,000 = $893,000.
After the first overbid, the judge sets the increments for any further bidding in the courtroom. The highest bidder must be prepared to close without contingencies.
Separately, §10309 requires a court-confirmed sale price to be at least 90% of the probate referee’s appraisal.
This information is general in nature and is not legal advice. Every estate is different — consult your trust and estate attorney about your specific situation. Deposit requirements can vary by court and estate; confirm with the estate’s attorney.
Probate Overbid FAQs
How is the minimum overbid calculated in a California probate sale?
Under California Probate Code §10311, the first overbid at a court confirmation hearing must be at least the original accepted price plus 10% of the first $10,000 of that price plus 5% of the amount over $10,000. Later bids increase in increments set by the judge.
How much deposit does an overbidder need to bring?
Overbidders are typically required to bring a cashier’s check for at least 10% of their bid amount, payable as directed by the court or the estate. Confirm the exact requirement with the estate’s attorney before the hearing, as local practice can vary.
What is the 90% rule in a probate sale?
In a court-confirmed sale, Probate Code §10309 requires the sale price to be at least 90% of the property’s appraised value as set by the probate referee. The appraisal must also be reasonably current at the time of the hearing.
Are overbid sales subject to contingencies?
No. A sale confirmed by the court is final, and the winning bidder purchases without inspection, appraisal or financing contingencies. Bidders should complete their due diligence before the hearing.
Selling or Bidding on a Probate Property?
We prepare estates for confirmation hearings and attend to protect the sale price. Ask us about an upcoming hearing.
Schedule a Consultation