Probate Sales · California
Sell a house in probate in California.
Probate is not a mystery — it is a sequence, and the house has a specific place in it. This guide walks the whole path in plain English: whether you need probate at all, what “letters” are, why a court-appointed referee sets the appraisal, the one fork in the road that decides how the sale works, and what the whole thing costs the estate. We’re a family that buys houses in Riverside and San Bernardino Counties, and we buy them mid-probate all the time.
The house keeps costing money while the case is open.
Mortgage payments, property taxes, insurance, utilities, and yard maintenance don’t pause for the court. Neither does the calendar: Probate Code § 12200 requires the personal representative to petition for final distribution — or file a status report explaining the delay — within one year of the date letters were issued, or 18 months if a federal estate tax return is required. Estates that drift past that point are the ones where the equity quietly leaks out. Whatever you decide to do with the house, decide it early rather than by default.
How a California probate sale actually runs.
Four stages. The house can usually be sold during the third one — you rarely have to wait for the case to close.
Petition and letters
Someone petitions the superior court in the county where the decedent lived. Notice is published, the hearing happens, and the court issues Letters — the document proving who may act for the estate.
Inventory and appraisal
The representative files an Inventory and Appraisal within four months of letters (Prob. Code § 8800). A court-appointed probate referee, not an agent, appraises the house.
The sale
With full authority, a notice of proposed action goes out and escrow proceeds. With limited authority, the sale is published, then confirmed at a hearing where it can be overbid.
Claims, then distribution
Creditor claims, taxes, and fees are paid from the estate. What’s left is distributed to the heirs, and the representative petitions the court to close the case.
Start here: does this house need probate at all?
A surprising number of California houses never see a probate judge, and finding that out first can save an estate a year. If the home was held in a living trust, owned in joint tenancy with a survivor, or covered by a recorded transfer-on-death deed, it generally passes outside probate — the successor trustee or surviving owner records the right document with the county recorder, title updates, and the house can be sold like any other. If everything passed to a surviving spouse or registered domestic partner, a spousal property petition is usually a far shorter road than full administration.
California’s small-estate paths are also much wider than most people assume. Probate Code § 13151 lets a successor petition the court to determine succession to the decedent’s primary residence — with no letters of administration and no full probate — where the property falls under a $750,000 limit that is now adjusted periodically; the petition can be filed once 40 days have passed since the death, with notice to each heir and devisee named in it within five business days of filing. There is also a $69,625 affidavit path for real property under § 13200 and a $208,850 personal-property affidavit under §§ 13100–13101. Those figures stepped up on April 1, 2025 and key to the date of death, so an estate opened this year may qualify where a similar one from a few years ago did not.
If none of those fit, the estate goes through formal probate before the house can change hands. That is a schedule, not a dead end — and it does not mean waiting for the case to close before you can sell.
Letters: the only document a buyer, escrow, or title company really cares about.
Nobody can sell the house until the court says who speaks for the estate. If there is a will naming an executor, that person petitions for letters testamentary. If there is no will, Probate Code § 8461 sets the order of priority for who may serve as administrator — surviving spouse or domestic partner first, then children, then grandchildren, other issue, parents, siblings, and on down a list that ends with the public administrator, creditors, and finally any other person.
The petition carries a filing fee — Government Code § 70650 sets a uniform fee of $355, while the Judicial Council’s statewide civil fee schedule lists $435 as the amount collected once statutory surcharges are added. Before the hearing, notice of the petition has to be published: three publications in a newspaper, at least five days between the first and last, with the first at least 15 days before the hearing (Prob. Code § 8121). The court may also require a bond, depending on the will and the circumstances.
What comes out the other side is a certified copy of the Letters. That single page is what a title company, an escrow officer, and any serious buyer will ask for first, along with the order granting authority. If you are talking to a buyer who has never asked to see it, that tells you something about how many probate sales they have actually closed.
The appraisal is the probate referee’s, not your agent’s.
This is the piece that catches families off guard. The representative files an Inventory and Appraisal within four months after letters are first issued (§ 8800), and the valuation is split by statute: under § 8901 the representative appraises cash-type items — bank accounts, money-market funds, refund and wage checks, insurance and retirement proceeds payable in a lump sum — while under § 8902 a court-appointed probate referee appraises everything else, which very much includes the house.
You do not get to choose that number, and neither does a listing agent, an iBuyer’s algorithm, or us. It matters far beyond bookkeeping: on the limited-authority path the referee’s appraisal is the floor the sale price has to clear, and the statutory fees for the representative and the attorney are calculated off the inventory value too. It is also a snapshot in time — an appraisal used for a confirmation hearing has to have been made within one year before that hearing.
One practical consequence: a probate referee generally values the property in the condition it is in. A house full of a lifetime of belongings, with a roof at the end of its life and a bathroom nobody has touched since 1974, gets appraised as that house. That is usually good news for an estate weighing a cash sale, because the gap between a referee’s as-is number and a retail listing price is smaller than families expect once repairs, months of carrying costs, and commissions are subtracted from the listing side.
The fork in the road: full authority versus limited authority.
Almost everything about how your sale will feel comes down to which authority the court granted under the Independent Administration of Estates Act. Probate Code § 10501 lists the actions that still require court supervision, and under limited authority the sale of estate real property is right at the top of that list. Under full authority it is not.
With full authority, the representative may sell the house without a confirmation hearing, and § 10503 exempts the sale from the ordinary published notice-of-sale requirement. What replaces it is a Notice of Proposed Action, delivered to everyone entitled to it not less than 15 days before the date on or after which the action will be taken (§ 10586). If nobody objects in that window, escrow closes much like an ordinary sale. Quiet, private, predictable.
With limited authority, the sale runs through the court. Notice of the sale of real property must be published in a newspaper in the county where the property sits — three publications over a period of at least 10 days, with at least five days between the first and last (Prob. Code § 10300; Gov. Code § 6063a). Then § 10309 sets the price guardrails: the property must have been appraised within one year before the confirmation hearing, and the amount offered must be at least 90 percent of that appraised value.
And then there is the overbid. At the confirmation hearing, anyone in the room may bid the property up, and Probate Code § 10311 sets the minimum first overbid: 10 percent more on the first $10,000 of the accepted bid, plus 5 percent more on everything above $10,000. On a $500,000 accepted offer, that makes $525,500 the smallest competing bid the court will entertain. It is a real event, not a formality — which is exactly why the estate wants a buyer who will hold their number through weeks of publication and a public hearing rather than one who needs to close this month.
- Ask the attorney which authority the Letters grant
- Full authority: 15-day notice of proposed action, no hearing
- Limited authority: published notice, then a confirmation hearing
- Limited authority price floor: 90% of the referee’s appraisal
- Appraisal must be less than a year old at the hearing
- First overbid: +10% of the first $10,000, +5% of the rest
What probate actually costs the estate.
The statutory compensation schedule is the number families should see before they decide anything. Probate Code § 10800 pays the personal representative for ordinary services on a sliding scale — 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9 million — and § 10810 pays the estate’s attorney on the identical schedule. Both can also request extraordinary compensation for unusual work, which the court sets.
Here is the part that stings, and it is written into the statute: that value is calculated from the inventory appraisal plus gains and receipts, without deducting liens or other obligations against the property. A $600,000 house with a $400,000 mortgage is a $600,000 number for fee purposes, not a $200,000 one. On that house the schedule produces roughly $15,000 for the representative and roughly $15,000 for the attorney — about $30,000 out of $200,000 of real equity. Add the filing fee, the probate referee’s fee, publication costs, a possible bond premium, and a year of mortgage payments, taxes, and insurance on an empty house, and the true cost of a slow probate becomes visible.
None of that is a reason to panic, and none of it is a reason to take a bad offer. It is a reason to make decisions about the house early, with real numbers in front of you — and to ask your attorney for their own estimate rather than relying on ours. We are not attorneys and this is not legal or tax advice.
The disclosure rule that works differently in a probate sale.
California normally requires a seller to hand a buyer a Real Estate Transfer Disclosure Statement. Civil Code § 1102.2 exempts sales or transfers by a fiduciary in the course of administering a decedent’s estate, a trust, a guardianship, or a conservatorship — which covers most probate sales, and makes sense, since a personal representative who never lived in the house genuinely does not know what is behind the walls.
Two cautions. First, the exemption has a hole in it: it does not apply where the trustee is a natural person, is trustee of a revocable trust, and either formerly owned the property or occupied it within the preceding year. A child who lived in the house and is now selling it as successor trustee should assume they are disclosing. Second — and this matters more — being exempt from a form is not permission to conceal. A seller who actually knows about the leak, the addition built without permits, or the slab crack should say so, in writing, whatever forms the transaction requires. Telling us up front is also the reason our offer doesn’t change later.
How we buy a house that is still in probate.
We put the offer in writing within 24 hours, in a form your attorney can drop straight into the court file, and it does not expire while the case moves. If the representative has full authority, we work through the notice of proposed action. If it is limited, we go to the confirmation hearing, we know we can be overbid, and we hold our price through the wait instead of shaving it every time the calendar slips.
Practically, that means no repairs, no staging, no lockbox, and no strangers walking through your parent’s house on a Sunday afternoon. Take the photo albums, the documents, and whatever else matters to your family — leave every other object exactly where it sits and we handle the cleanout after closing at no cost to the estate. When heirs are spread across several states, everything goes in plain writing to whoever needs to see it, documents get signed in front of a notary near where each person lives, and the title company divides proceeds exactly as the estate directs.
Closing can happen in as little as 7 days once the estate is clear to sell — or months from now, waiting on probate examiner notes and a hearing date, which is genuinely fine and is how most of these go. The number we agree on is the number the estate receives: no price re-trades after a walkthrough. And if we think listing the house would net the estate more, we will tell you that instead of taking the deal.
- Written offer within 24 hours, for the attorney or court file
- No expiration while notice periods and hearings run
- We hold our price — no re-trades after the walkthrough
- Sold entirely as-is, with the belongings still inside
- Cleanout after closing at no cost to the estate
- Proceeds divided among heirs through escrow
- Closing date set by the estate and the court, not by us
Local Knowledge
Statewide law, county-level practice.
The Probate Code is the same in all 58 counties, but the experience is not: filing districts, examiner-notes rhythms, recording offices, and documentary transfer tax rates are all local. We buy in Riverside and San Bernardino Counties, where an estate’s case might be heard at the Historic Courthouse in downtown Riverside or out at the Fontana or Victorville District — and where the transfer tax is $0.55 per $500 countywide but $1.10 per $500 inside the City of Riverside. If the house is in either county, we have county-specific guides below with the offices, forms, and deadlines that actually apply to it.
Common Questions
Answers before you even ask.
Can we sell the house before probate is finished?
Usually yes — and most probate houses are sold during the case, not after it. With full authority under the Independent Administration of Estates Act, the sale can close after a notice of proposed action delivered at least 15 days beforehand, with no hearing. With limited authority, the sale is published and then confirmed by the court, where it can be overbid. Either way, you do not have to wait for the estate to close before the house can change hands.
What is the difference between full authority and limited authority?
It is the difference between selling the house yourself and selling it in a courtroom. Probate Code § 10501 requires court supervision for the sale of estate real property under limited authority; full authority does not require it. Full authority means a 15-day notice of proposed action and a private escrow. Limited authority means published notice of sale, a price of at least 90 percent of an appraisal made within the prior year (§ 10309), and a confirmation hearing where anyone may overbid. Your Letters and the order granting authority say which one you have.
How does a probate overbid work?
At the confirmation hearing, other buyers can bid against the accepted offer. Probate Code § 10311 sets the minimum first overbid at 10 percent more on the first $10,000 of the original bid plus 5 percent more on the amount above $10,000 — so a $500,000 offer can only be topped starting at $525,500. From there the court takes bids in the room. It is a genuine auction, and it is one reason estates want a buyer who will stay at their number through the whole process.
Who decides what the house is worth in probate?
A probate referee appointed by the court. Under Probate Code § 8901 the personal representative appraises cash-type assets, and under § 8902 the referee appraises everything else, including real property. The Inventory and Appraisal is due within four months after letters are first issued. That referee’s figure — not a listing agent’s opinion and not a buyer’s — is the number the 90 percent rule is measured against on the limited-authority path.
What does probate cost, and who pays it?
The estate pays, out of the sale proceeds. Probate Code §§ 10800 and 10810 set identical sliding-scale fees for the personal representative and the estate’s attorney: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, then 1 percent. Critically, that value is figured without deducting the mortgage — a $600,000 house with $400,000 owed still counts as $600,000, which on that example is roughly $15,000 each. Add the filing fee ($355 by statute; $435 on the statewide fee schedule), the referee’s fee, publication, and any bond. Ask your attorney for a written estimate for your specific estate.
Do we have to fill out a transfer disclosure statement?
Usually not. Civil Code § 1102.2 exempts sales by a fiduciary in the course of administering a decedent’s estate. The exception to watch: it does not apply where a natural person is trustee of a revocable trust and formerly owned the property or occupied it within the past year. And an exemption from the form is never a license to hide a known defect — disclose what you actually know, in writing, either way.
The estate is behind on the mortgage or property taxes. Does that stop a sale?
No. Delinquent property taxes, mortgage arrears, and liens are paid out of proceeds through escrow, the same as any payoff. Timing does matter, though — a lender can proceed toward a trustee’s sale while probate is open, and long-delinquent property taxes eventually become subject to the county tax collector’s power to sell. If there is a recorded notice of default or years of unpaid taxes, say so early so we can move at the right speed.
How long does probate take in California?
Longer than families expect. Creditors have until the later of four months after letters are issued or 60 days after notice reaches them to file claims (§ 9100), and § 12200 gives the representative one year from the issuance of letters — 18 months if a federal estate tax return is required — to petition for final distribution or file a status report. Uncontested estates commonly run close to that year. Selling the house is generally not the step that holds it up.
Have a different question? Ask us directly — a real person answers.
Keep reading
Probate in Riverside County
The Historic Courthouse, examiner notes, the recorder’s $20 PCOR fee, and Prop 19 deadlines.
Probate in San Bernardino County
Fontana and Victorville districts, the 150-day BOE-502-D deadline, and the FAIR Plan problem.
Inherited houses across the Inland Empire
Stepped-up basis, Prop 19, and how to handle heirs living in several states.
The house is packed full
Take what matters, leave the rest. No sorting, no dumpster, no cleanout for the estate.
Sell as-is, in any condition
Deferred maintenance, unpermitted work, fire damage — priced honestly, bought as it stands.
Inland Empire market report
Cited monthly data on prices and days on market in both counties.
Tell us where the case is. We’ll work at the court’s pace.
Send us the address and whichever documents you have — the Letters, the order granting authority, the Inventory and Appraisal, or nothing at all. You get a fair written offer within 24 hours, in a form your attorney can use, and no pressure at any point.
Free and no-obligation. See how it works — including all three ways we can buy.
This page is general information for Inland Empire homeowners, not legal, tax, or financial advice. Laws and figures change; always confirm how they apply to your situation with a qualified professional. References here to California Probate Code §§ 8121, 8461, 8800, 8901, 8902, 9100, 10300, 10309, 10311, 10501, 10503, 10586, 10800, 10810, 12200, 13100–13101, 13151, and 13200, to Civil Code § 1102.2, and to Government Code §§ 6063a and 70650 reflect California law as of mid-2026 and are summarized in general terms for a non-lawyer audience. Dollar thresholds are adjusted periodically, filing fees change, and local court practice varies by county. Confirm how any of this applies to your estate with a California probate attorney, a CPA, and the court handling your case. Roman Home Solutions is a home buyer, not a law firm or a licensed brokerage.