Can you sell a house during probate in California?

Who can sell the house

Only the personal representative can sign a sale while the case is open. That's the executor named in the will, or the administrator the court appoints when there's no will. Heirs can't sell the house on their own, even if they all agree.

California law lets the personal representative sell real estate when the estate needs money for debts, expenses or taxes, when the sale is good for the estate, or when the will allows it (Probate Code §10000).

Full authority or limited authority

When the judge appoints the personal representative, the court gives them powers under the Independent Administration of Estates Act. The Letters say which kind:

• Full authority includes selling real estate without a court confirmation hearing, as long as the heirs get notice first (§§10402, 10511).
• Limited authority covers many estate tasks, but not selling real estate. A sale needs the court to confirm it (§10403).

Some sales always go to the court, whatever the authority level. One example is selling the house to the personal representative or their attorney (§10501).

Selling with full authority

1. The personal representative accepts an offer.
2. They send a Notice of Proposed Action (form DE-165) to the heirs and beneficiaries at least 15 days before the sale is completed (§10586).
3. Anyone who doesn't object in writing is treated as agreeing. The sale moves forward without a court hearing.
4. If someone objects in writing, the sale has to go through the court instead (§10589).

A full-authority sale skips the court-confirmation rules, including the minimum price based on the appraisal and the published notice of sale (§10503).

Selling with court confirmation

1. The house is appraised. For a private sale, the appraisal must be from within one year before the hearing, and the offer must be at least 90% of the appraised value (§10309).
2. The personal representative accepts an offer and asks the court to confirm it.
3. At the hearing, other buyers can bid more. An overbid must be at least 10% higher on the first $10,000 of the accepted offer, plus 5% higher on the rest (§10311). On a $300,000 offer, the lowest overbid is $315,500.
4. The judge confirms the winning offer, and escrow can close.

This route takes longer because the sale waits for a court date.

How the sale fits into the probate timeline

A full probate case in California typically takes 9 to 18 months, according to the California Courts. The house can sell during that time; it doesn't have to wait for the end. For the full timeline, see How long does probate take in California?

The sale money goes to the estate, not straight to the heirs. It's distributed when the case closes, after debts are paid or provided for (§11640).

Selling a probate house as-is

Many estates sell as-is so nobody has to pay for repairs or a cleanout first. We buy houses in probate as-is, with either kind of authority, and work on the estate's timeline with its attorney. We'll need one walkthrough to make an offer.

If you're handling a house in probate, call or text (661) 271-6299 or request an offer. More on selling a house in probate.