Probate Real Estate Sale Checklist

Use this checklist with your client file. Confirm the authority stated on the Letters before listing.

Before listing (both paths)

• Letters issued; authority confirmed (full IAEA vs. limited)
• Probate referee appraisal ordered or received (§8800)
• Bond status confirmed where sale proceeds will exceed it
• Property secured, insured (vacancy coverage), utilities on
• Occupancy plan: tenants, heirs in residence, personal property
• Title preliminary report: liens, reverse mortgage, encumbrances

Full authority (IAEA)

• Listing agreement on probate forms
• Market-based list price (no 90% floor)
• Accept offer contingent on the notice period
• Serve Notice of Proposed Action (§10580 et seq.)
• Calendar the objection period (§10586)
• No objection → close escrow; proceeds to estate account

Limited authority (court confirmation)

• Listing agreement (generally up to 90 days, §10150)
• Price ≥ 90% of referee appraisal (§10309)
• Notice of Sale published where required
• Report of Sale & Petition for Order Confirming Sale filed (§10308)
• Hearing noticed to buyer and interested parties
• Overbid math ready: +10% of first $10,000 + 5% of balance (§10311); bidders bring cashier’s check
• Order Confirming Sale received → close escrow

Quick math: use the free calculator at aventus-re.com/probate-overbid-calculator.