Selling a House in Probate in California: Is It Possible & How It Works

Selling a home is stressful enough on its own. When that home is part of an estate going through probate, the process can feel overwhelming and confusing. Many homeowners and heirs usually have the same questions on their minds: If a house is in probate, can it be sold? How long does it take? How does it work?

Indeed, selling a house in probate is possible. It happens every day in California and across the US. But the process is very different from a traditional real estate sale, and California probate law adds layers of court involvement, timelines, and rules that sellers need to understand.

This guide walks you through everything you need to know about selling a house in probate, with a focus on California properties, helping you understand your options and avoid costly mistakes.

What Does It Mean When a House Is in Probate?

Probate is the legal process used to settle someone’s estate after they pass away. Any property that must pass through probate (like a house titled in the decedent’s name) is called probate property. During probate, the court oversees the distribution of assets, payment of estate debt, and transfer of ownership according to a will or inheritance laws if no will exists.

When a home is part of the estate and not protected by estate planning tools like a living trust or joint tenancy property with rights of survivorship, it becomes a probate property. That means it cannot be sold outright, but under the executor’s authority and according to probate law.

In California, probate is handled through the county Probate Divisions of the Superior Court (often just called probate court), and follows strict court-imposed procedures in place to protect heirs, creditors, and the estate itself, ensuring a proper distribution of assets.

Can You Sell a House During Probate?

Yes. You can sell a house during probate, but only under specific conditions. Essentially, selling a probate house means the sale is subject to special rules and court approval. The sale is typically handled by the estate executor named in the will or a court-appointed administrator if there is no will. The court grants authority to act on behalf of the estate through Letters of Testamentary (if there’s a will) or Letters of Administration (if not).

Without these documents, no one has legal authority to sell probate homes. Once authority is granted, the personal representative can sell estate property, with or without court approval, depending on how the estate is structured.

This means you generally cannot sell the house before probate begins. Until the estate is opened, title has not passed, and the executor has no authority. But once probate is in progress and you are the appointed personal representative, you certainly can sell the home – you just must follow the probate rules.

Why Sell a House in Probate?

Sometimes, selling the house in probate is necessary or makes the most sense. While keeping an inherited home is ideal for some, many estates need to sell the house to settle affairs. Common reasons why heirs opt for a probate sale include:

• Paying estate debts: If the estate’s liquid assets (bank accounts, investments) aren’t enough to cover debts (like a mortgage, medical bills, or credit cards), the executor may have to sell the home to raise funds.
• Multiple heirs or no will: When a will directs the house to multiple beneficiaries (or there’s no will) co-owning a home can be impractical. Typically, heirs agree to sell and split the proceeds so everyone gets their fair share.
• Avoiding carrying costs: An empty inherited house still incurs expenses. Mortgage payments, property taxes, insurance, utilities, and maintenance continue whether anyone lives there or not. These costs can quickly deplete the estate’s value if the house sits unsold. Selling the property eliminates those ongoing bills and preserves the remaining assets for heirs.

Other factors can push a sale. If the estate has no immediate heirs, the court may even order a sale to benefit distant relatives. And sometimes, family members simply want cash rather than joint ownership of real estate.

California Probate Law and Court Involvement

California has two main types of probate: formal probate and probate handled under the Independent Administration of Estates Act (IAEA).

Formal Probate

A formal probate is the standard court-supervised process for settling an estate, where the court must approve nearly every step of the transaction. This includes:

• Listing the property
• Accepting an offer
• Approving the sale price
• Confirming the sale at a court hearing

Formal probate sales involve heavy court involvement, court proceedings, and often an overbidding process where buyers can bid against each other in open court.

Independent Administration of Estates Act (IAEA)

Under the IAEA (a statutory framework within formal probate), the executor may sell probate property with minimal court approval. This option reduces delays, lowers listing fees, and avoids many court hearings, using procedures like the Notice of Proposed Action (NPA) for many key tasks.

Most California estates qualify, but the probate petition must specifically request this authority. While IAEA streamlines things, it's still part of the overall probate system, so certain notices must still be sent to heirs, and the sale must be close to fair market value based on the appraised value.

How the Probate Process Works: Key Steps in Selling a Probate Home

Understanding the probate process helps set realistic expectations.

1. Probate petition is filed with the county probate court.
2. An executor or administrator is appointed by the court to manage the estate.
3. Letters of Testamentary or Letters of Administration are issued to grant authority to act.
4. Home and inventory is appraised by a court-appointed probate referee to establish the home’s market value

• California enforces the 90% rule to protect heirs and creditors: any sale price must be at least 90% of that appraised value.

5. Decision is made to sell the property.
6. Court approval may be required

• (California’s IAEA offers two routes. If the court grants the executor full authority under IAEA, they can sell assets without a prior court hearing, provided the Notice of Proposed Action is given, and nobody objects within 15 days. If full authority is not granted, or if any beneficiary objects, the sale requires court confirmation.)

7. Property is listed or sold directly.
8. Court confirmation and overbidding (if needed)

• If a court hearing is required, the executor files a Report of Sale and a Petition to Confirm Sale with the court. At the hearing, the judge ensures the sale is fair and legally conducted. Other prospective buyers may attend and “overbid” the sale in open court. California’s rules require the first competing bid to be at least 105% of the agreed offer plus $500.

9. Sale closes through a title company: After confirmation, the transaction closes like any other real estate sale. The deed transfers to the buyer, and the home is sold. The sale proceeds are deposited into the estate’s bank account.

While these steps are lengthy, they ensure everyone’s interests are protected. Throughout, it’s wise to work closely with a probate attorney and an experienced real estate agent to navigate the paperwork and court procedures smoothly.

How Long Will It Take to Sell After Probate Is Granted? Timeline & Costs

There is no single deadline under probate law. The answer depends on the complexity of the estate, court schedules, and whether the home needs repairs or court approval. Most probate sales take longer than regular home sales – usually around 6 to 12 months. Complications can stretch it into multiple years. Delays often happen due to:

• Court backlogs
• Disagreements between heirs
• Required court hearings
• Issues with bank accounts or estate debt
• Problems with insurance policy coverage on vacant homes

The delays matter because of cost, as probate can be expensive. In California, court and attorney fees are often calculated by statute under Rule 7.705. (starting at 4% of the estate’s value for the first $100,000, plus sliding scales) plus filing fees and appraiser fees. Overall, the American Bar Association estimates probate/administration costs run 6–10% of the estate’s value. California is known to be among the costlier states for probate.

Add a real estate agent’s commission (typically ~5–6% of the sale price) and other closing costs, and the estate’s share shrinks further. Meanwhile, carrying costs continue to mount while probate runs its course – mortgage payments, property taxes, insurance, and maintenance don’t stop after death. If the house sits vacant for months, the estate must pay these out of pocket to avoid default or damage. All of this eats into the final proceeds.

Working With a Real Estate Agent on Probate Sales

If you want to list your probate home, work with a real estate agent who is experienced in probate sales. California Association of Realtors guidelines require special disclosures, and probate listings involve more paperwork than normal real estate transactions. A specialized realtor helps with:

• Pricing the home using comparable sales
• Managing court-required disclosures
• Coordinating home inspections
• Navigating listing fees and timelines
• Handling the bidding process and potential bidding war

However, traditional listings also come with challenges. Homes must usually be cleaned, repaired, insured, staged, and kept market-ready. Listing fees, commissions, and closing costs additionally reduce the final sale price the estate receives. You can get tips on how to deal with the stress of selling a house the traditional here.Appraised Value and Sale Price Rules

California probate law requires the home to sell for at least 90 percent of the appraised value unless special circumstances apply. The appraised value is set by a court-appointed probate referee, not a private appraiser. If the market shifts or the home needs major repairs, the appraised value may not reflect reality. This can make selling a house in probate difficult through traditional methods.

Avoiding Probate With Estate Planning

Many families experience probate because proper estate planning was never done. Tools that can help avoid probate include:

• Living trust or revocable living trusts
• Joint tenancy property
• Transfer-on-death deeds
• Asset protection strategies

Homes held in a living trust or revocable living trusts usually avoid probate entirely, allowing heirs to sell faster and with less court involvement.

Challenges Unique to Probate Homes

Probate homes often come with real-world issues that make traditional selling harder:

• Deferred maintenance
• Outdated interiors
• Vacant property risks
• Insurance policy limitations
• Code violations
• Hoarding or damage
• Homestead property complications

These challenges increase holding costs and stress for families already dealing with loss.

Selling a House in Probate As-Is to a Cash Buyer: A Simple Solution

Given the complexity of probate, many families seek a faster alternative. If you want to avoid listing fees, commissions, home inspections, repairs, and long court delays, you can sell probate property as-is for cash directly to an investor.

SleeveUp Homes is a local cash home buyer that specializes in helping families sell probate homes across Southern California, no matter the condition or situation. We buy the house outright, for cash, and eliminate the usual hassles and costs of a traditional sale.

Here's how it works:

• We buy houses as-is, in any condition, including probate homes – You won’t need to invest in upgrades, repairs, cleaning, and staging to get top dollar.
• No commissions, no fees, no closing costs – Because you sell directly to us, you pay no real estate agent commission. You also avoid additional fees and closing costs and get to keep 100% of the agreed price.
• What you are offered is what you’ll receive at closing + we'll beat any legitimate offer by $10,000. If you have a better cash offer, show it to us, and we’ll top it.
• You control the timeline and can close in as little as 7 days if needed – Probate sales normally take months, but a cash sale can wrap up much faster.
• An experienced team – We work with probate attorneys, escrow and title companies, and the court when required & understand probate law and court-imposed procedures.

For many families, selling directly to real estate investors like SleeveUp Homes is the fastest and least stressful way to handle selling a house in probate. Above all, you get speed and certainty, as cash transactions don't fall through like traditional listings. There’s no appraisal contingency, no loan denial risk, and no buyer inspection contingency. In probate situations, where delays are painful, the certainty of a guaranteed sale is a big relief.

Selling a House in Probate Is Possible With the Right Plan

Selling a house in probate is possible, but it takes patience and can feel intimidating, especially in California, where probate court involvement is common. But with the right knowledge and support, it is absolutely possible. Whatever route you choose for your probate sale, understanding the probate process from start to finish empowers you to make the best decision for settling your loved one’s estate.

Know that you are not alone and that options exist to make selling a house in probate simpler, faster, and less stressful. If you prefer to skip the complexity, remember that companies like SleeveUp Homes can handle the probate sale for you with a direct, cash purchase. If you're ready to sell your Southern California home as-is, reach out to us today to get a free, no-obligation offer after one quick walkthrough of your property.

Author:

Cesar Gomez , Broker /

Cesar has worked as a real estate agent and broker in the southern California region since 2013.

  view all blogs by this author