Probate Process

Selling Real Estate During Probate

Selling Real Estate During Probate

Every California probate sale follows the same opening steps: the court appoints a representative and issues Letters. From there the path splits. A representative with full authority sells with a 15-day notice to heirs; one with limited authority needs a judge to confirm the sale. The timeline below shows both paths side by side, so executors and administrators know what comes next and roughly how long each stage takes.

The Process

Opening the Estate

  1. File the Petition for Probate; notice of the first hearing is published in a local newspaper and mailed to heirs
  2. Court appoints the executor or administrator and signs the Order for Probate
  3. Representative signs the Duties & Liabilities acknowledgment and posts a bond if required
  4. Letters are issued — the representative now has authority to act for the estate

Full Authority (IAEA)

  1. Hire a broker experienced in IAEA sales
  2. Set a market-based list price (no 90% floor)
  3. Sign the listing agreement
  4. Prepare and market the property
  5. Accept an offer on probate-appropriate contracts
  6. Serve the Notice of Proposed Action and wait out the 15-day objection period
  7. Deposit sale proceeds to the estate account
  8. Close escrow

Limited Authority

  1. Hire a broker experienced in court confirmations
  2. Price against the referee appraisal (at least 90%)
  3. Market the property; publish the Notice of Sale where required
  4. Accept an offer subject to court confirmation
  5. File the Report of Sale and Petition for Order Confirming Sale
  6. Serve notice of the hearing on the buyer and interested parties
  7. Confirmation hearing: open overbidding in court
  8. Court signs the Order Confirming Sale
  9. Close escrow

Case Closed

*Timing depends on the court’s calendar, objections and the property itself; treat this as a general guide. 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.

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