Who can sell the home
The court appoints a personal representative — called an executor if named in a will, or an administrator if not. Only that person can sign to list and sell the home, once they have "Letters" from the court.
Full vs. limited authority (IAEA)
Under California's Independent Administration of Estates Act, the court grants either:
- Full authority — the representative can sell without a court hearing. Heirs receive a Notice of Proposed Action and have at least 15 days to object.
- Limited authority (or none) — the sale must be confirmed by the court at a hearing.
Court confirmation & overbidding
In a court-confirmed sale, other buyers can show up at the hearing and outbid the accepted offer. The first overbid must be at least 10% of the first $10,000 plus 5% of the rest of the original price. The judge then confirms the highest qualified bidder.
What to expect
- Timeline: probate in California commonly takes 9–18 months; the sale itself can happen within that window once authority is granted.
- "As-is" sales: most probate homes sell as-is, though some disclosures still apply.
- Appraisal: a court-appointed probate referee values the property; with court confirmation, offers generally must be at least 90% of that value.
- Deposits: confirmation sales often require a 10% deposit from the buyer.
How I help
I work alongside your probate attorney to prepare the home, coordinate clean-outs and repairs, price it well, handle the paperwork and notices, and keep heirs updated — so you can focus on your family.
This page is general information, not legal, tax, or lending advice. Please talk with an attorney, CPA, or lender about your specific situation — I'm happy to refer trusted local pros.