How to Sell a House in Probate in California: Everything You Need to Know

If you’re selling a house in probate in California, there is a lot to consider, and if you’re confused about how best to proceed, you’re not alone. Selling a probated house can be complex, but with the right information, you can navigate the process smoothly.

Real estate left by a deceased homeowner is more than just a financial asset – it holds memories of time spent with the family. Hence, liquidating the property as soon as possible is often a favored decision. 

Can you sell a house before probate and avoid the long process of court approval, creditor notifications, and legal asset distribution? Sadly, in most cases, it is not possible.

From our 16 years of experience in buying and selling probate properties, we know that maintaining open communication with all parties can prevent disputes and speed up the process, reducing the timeframe by up to 20%.

At SoCal Home Buyers, we bypass middlemen like real estate agents and attorneys, making the sale faster and more straightforward. If you’re selling a house in probate and need a reliable option in Riverside County, we’re here to make it simple and stress-free. If you’re handling probate in the Inland Empire, we’ve worked extensively with families selling probate property in Riverside County.

Want to learn more about how to sell a house in probate in California? Read our full guide below.

Key Takeaways

• Begin the probate process by filing a petition with the probate court, get the house appraised to determine its market value, and list the property for sale once approved by the court.
• Every step must be approved by the probate court, and you need to inform all heirs and beneficiaries about the sale through a Notice of Proposed Action, followed by a confirmation hearing.
• The probate process can take 6 months to over a year, depending on the estate’s complexity and disputes.
• Save time and money on the probate process and sell the property to SoCal Home Buyers–we help you with the legal requirements and pay cash to finalize the deal as soon as possible. We also purchase inherited properties and buy houses in Probate in Orange County providing a fast, cash-based solution that lets you skip court delays and agent commissions altogether.

Selling a House in Probate in California: Essential Guidelines

What Is Probate?

Probate is the court process of verifying that a will is valid, of ensuring that the financial responsibilities of the person who passed away – the decedent – are taken care of, and of transferring the decedent’s assets to their named heirs and beneficiaries.

The executor of the will is the personal representative of the estate, and they help direct the probate’s progress under the court’s direction. 

As the executor of the will, you have the right to sell a house in probate as long as there are enough assets in the decedent’s estate to address all remaining debts and legal fees. 

While a probate home sale is possible, it’s also a complicated legal matter that can lead to an array of challenges. 

Want to Sell Probate Property? We Make Probate Real Estate Sales Easy!

Selling probate property can be very difficult on your own, but with professional help, you can make quick work of the matter. At SoCal Home Buyers, we are seasoned real estate investors that can buy your probate house in Los Angeles County or elsewhere in SoCal—who have the resources, knowhow, and experience to help you sell a probated home during the probate process as efficiently as possible.

The Pre-Probate Property Sale Procedure

As the executor, you have 30 days from your relative’s death to begin probate, and the Independent Administration of Estates Act (IAEA) grants you the right to sell a property without the court’s approval as long as the following apply to the probate house sale process:

• You give the heirs 15 days notice before proceeding.
• The heirs have no objection to the sale. 

When you sell probate property, such as a house, the sale must be for at least 90 percent of its appraised value – based on an appraisal that was made within no more than a year.

Roles in Probate Sale

Estate Executor or Administrator  

After the estate owner’s death, an executor can be a family member, close friend, or anyone named in the will.

The executor of an estate may need to take on all the following primary tasks regarding property in the estate:

• Notifying the heirs about the probate process
• Paying the decedent’s pending debts
• Collecting on debts owed to the decedent
• Managing the estate’s assets
• Distributing all remaining assets according to the decedent’s wishes or according to state law if there’s no will (see our article on removing items before probate also)    

What if nobody was mentioned in the will? 

The court will appoint an administrator. An administrator can be the closest living family member and will have the same responsibilities as an executor. 

Probate Attorney 

A probate attorney is the person who will assist an executor in selling a probate house. Usually, the attorney’s responsibilities include:

• Filing the petitions 
• Filing the documents 
• Providing assistance and legal advice 
• Finalizing the offer 

Probate Court

The court, including the judge and legal system, enforces state inheritance laws. It reviews petitions to start the probate process, may appoint an administrator if necessary, and must approve the sale of major assets like real estate.

Probate Process Overview

What is a probate sale in California?

Every state has its own procedures regarding the sales of real property in probate, but most are similar to California probate law.

In the United States, we don’t inherit directly from our relatives – instead, any assets that do not have beneficiaries attached and that are not held in trust go through the probate process.

🏠 If the decedent left a will, the person who guides the probate process is called the executor, and if there is no will, the person who guides the probate process is called the administrator.

The process of selling a home in probate is a lengthy one and consists of the following steps: 

Step 1: Filing a Petition  

Before filing a petition to sell probate property, you may want to consider hiring a lawyer to ensure you are well-informed at every step of the process. Once ready to initiate the process, you need to petition the court to begin probate proceedings. 

• The presiding judge will approve the will (if there is one).
• The judge will appoint an executor (or an administrator if there is no will).
• If there is no will or the will doesn’t name anyone, the judge will usually appoint the next closest living relative. 

Step 2: Notifying Heirs and Creditors

Only after the petition has been filed can you continue with the probate process. Your next step is to notify anyone who has a stake in the estate, including heirs, beneficiaries, creditors, etc. 

• The court requires notification of all heirs, beneficiaries, and creditors so they can make claims. 
• Creditors can include any entity the deceased owed money to, such as credit card companies, mortgage lenders, and business loan providers.
• When distributing assets, creditors must be paid first, followed by beneficiaries and heirs.  

Step 3: Appraisal and Inventory 

The court requires you to sell the probate property for no less than 90% of its appraised value. Hence, you need to document its fair list price or use the appraisal done within no more than a year.  

Another thing to keep in mind is that the property must have a clear title. A property with a clear title is one without outstanding liens, disputes, or legal battles over its ownership. 

Step 4: List and Sell the Probate Property

SoCal Home Buyers can help you speed up the process by assisting you every step of the way and paying by cash, which requires considerably less time to process and confirm. We’ve helped many sellers navigate probate quickly by selling probate homes in San Diego County without court delays or repair costs.

Our services eliminate the need to hire an agent to list your property, look for buyers, and have lengthy negotiations. 

• If you haven’t been granted administrative authority to sell probate property, you will need the court to approve the final offer. 
• To do that, you will need to petition another hearing with the judge. 
• If multiple buyers attend the confirmation hearing, the court will hold an auction for competitive bidding. 
• After a successful auction, the contract will be signed by both parties.

🛠️ After signing the contract, the buyer may request to inspect the property. However, it doesn’t mean any repair requests or contingencies can be added to the contract.

Step 5: Settling Debts and Taxes 

If your property has any outstanding debts, taxes, or legal fees–this is the time to pay them fully. Although it seems convenient to pay any debts and taxes after the money is distributed, it is the creditors who are in the first line of payments. 

Only after all the debts are settled can you proceed to the next step of distributing the assets. 

Step 6: Distributing Assets 

After paying off the outstanding debts, the remaining proceeds will be distributed to the beneficiaries and rightful heirs, who may need to pay capital gains tax on their portion. 

Step 7: Closing Probate 

In this last step, you only need to submit a final accounting to the court. The judge will approve it, and the probate process will be officially closed. 

California’s Probate Fees and Costs 

When selling a house in probate, you shouldn’t forget about the legal fees that are associated with the process. As a matter of fact, California has the most expensive probate costs in the U.S. Hence, knowing the expense in advance may also help you price the probate property correctly.

🧑‍⚖️ In California, the court fees are mandatory and cover filing probate petitions and legal notices. Attorney and executor fees are often a percentage of the estate’s value, increasing costs for larger estates. Additional expenses may include appraisal and document certification fees.

California Probate Court Filing Fee 

To file a petition in California, you will typically pay $435. Although a high fee, it can be paid or reimbursed from the estate funds. Additionally, if an estate executor has no means to pay the filing fee, it may be waived by the court. 

Filing the petition is just one expense in the probate process—additional administrative fees can arise, sometimes exceeding $1,000.

California Statutory Probate Fees 

 California has set standard fee rates for executors, personal representatives, and attorneys involved in the probate process. The amount of fees to be paid is based on the estate’s total value (before debts) and starts at 4% for the first $100,00 and decreases for higher amounts. 

Here is a breakdown of statutory probate fees based on estate value:

Estate’s Value	Probate Fee
First $100,000	4%
Next $100,00	3%
Next $80,000	2%
Next $9 million	1%
Next $15 million	0.5%
Above $25 million	Court determines fees

Timeframe for Probate Sale

Selling a home in probate may be a lengthy process if you follow the traditional route. Here are the estimated timeline for how long each step may take: 

Step	Description	Estimated Timeframe
Petition Filing	Executor files with probate court	1-2 months
Notice to Heirs & Creditors	Legal notices are sent	1-3 months
Inventory & Appraisal	Estate assets are assessed	3-6 months
List and Sell the Probate Property	Property is listed, marketed, and sold	3-6 months
Debt & Tax Payments	Outstanding debts and taxes settled	6-12 months
Asset Distribution	Heirs receive their inheritance	Varies
Final Probate Closure	Court approval to close probate	9-18 months+

By choosing to sell your probate property to SoCal Home Buyers, you bypass the lengthy probate process, saving both time and money while ensuring a smoother, faster sale.

Can You Avoid the Probate Process?

Can you avoid the probate process? Many beneficiaries are interested in this question, and they would do anything to avoid it and finally sell the property. 

While probate is often necessary, there are some ways to avoid it:

Living Trust

Establishing a living trust is one of the most common ways to avoid probate in California. It involves placing assets (real estate, vehicles, bank accounts, investments, etc.) into a trust. You will need to create a trust document (which resembles a will) and designate a trustee (“successor trustee”) to manage your assets after your passing. 

Since the trust owns the assets, you or your trustee won’t need to go through probate. 

Joint Ownership with the Rights of Survivorship

If you co-own a property with the right of survivorship, ownership automatically transfers to the surviving owner when the other passes away. This means probate is not required—only minimal paperwork is needed to update the title and confirm the transfer.

In California, there are two forms of joint ownership that can help avoid probate: 

• Join tenancy with the right of survivorship: Property owned in joint tenancy automatically transfers to the surviving owner without probate. Each joint tenant must own an equal share. 
• Community property with the right of survivorship: Married couples and registered domestic partners can hold property as community property with the right of survivorship, ensuring assets pass directly to the survivor.

There is a third form of joint ownership – tenancy in common – but it does not avoid probate. Tenancy in common does not allow the transfer to the surviving owner–instead, a deceased person’s shares pass to their heirs. 

Transfer-on-Death (TOD) Deed

California allows homeowners to use a Transfer-on-Death (TOD) deed, which allows them to name a beneficiary for their real estate. So, you can sign and record the deed now, and it will only have effect after your death. In the meantime, you have full control over your property, and you can revoke the deed in order to sell your house. 

Payable-on-Death (POD) & Beneficiary Designations

In California, you can add a Payable-on-Death (POD) designation to bank accounts, retirement funds, and life insurance policies. If you do this, you will have full control over your assets, and your POD beneficiary will be able to access them only after you pass away. 

A POD beneficiary can claim the money directly from the bank without initiating the probate process. 

Small Estate Affidavit for Estates Under $184,500

If you have the right to inherit a property which is valued at $184,500 or less, you may avoid the probate process. Instead, you can use a Small Estate Affidavit and have the property transferred to you. This simplified process allows heirs to collect property, bank accounts, and personal belongings by filing a sworn statement with the court, significantly reducing time and legal costs.

If a House Is in Probate, Can It Be Sold?

Yes, you can sell a house before probate is completed, but selling inherited property in California requires complex legal maneuvering. 

You should keep in mind that it is the probate court that oversees the process and may limit how freely you can accept offers during probate. However, the Independent Administration of Estates Act (IAEA) determines whether court approval is even needed.

You will have either full authority (IAEA) or limited authority (IAEA). 

❗After filing a petition to the court, you will receive the Letters Testamentary or Letters of Administration. The Letters will specify what type of authority you, as an executor, have.

Here is a detailed comparison of these authority types:

Authority Type	Court Approval	Sale Price Requirement	Appraisal Process	Escrow Process	Notice Requirement
Full Authority (IAEA)	No court approval required	No minimum sale price as long as heirs agree	No reappraisal needed	After agreement, a Notice of Proposed Action (NOPA) is filed; a 15-day waiting period unless waived	NOPA sent to beneficiaries for 15 days
Limited Authority (IAEA)	Court approval required	Must sell for at least 90% of appraised value	Probate referee conducts two valuations: death value and reappraised sale value	Sale requires court confirmation; auction may occur	Notice of Sale published in local publications

Can I Sell My House Fast If It’s in Probate with Limited Authority?

The fact is that you can sell your house fast, and the expertise of a professional real estate investor can help. The basic steps if you want or need to sell during probate and you’re doing it on your own include:

1. Obtain a professional appraisal if you don’t already have a recent one.
2. Petition the probate court regarding the sale of real estate and awaiting the court’s approval.
3. List the house at a fair price. 

💲State law requires that any buyer deposit at least 10 percent of the purchase price after an offer is accepted during probate.

4. Before the transaction can be completed, you’ll need to advertise the notice of proposed action—or the sale—in a local newspaper. This will inform all interested parties about the proposed sale and the fact that open bidding will be allowed at the court hearing. 
5. At the probate court hearing, bidders can proceed in $500 increments above the original buyer’s offer, and the original buyer is allowed to join the bidding. 
6. If you sell the house to someone other than the original purchaser during this bidding process, you’ll need to refund their deposit before the sale of the property can commence. 

💲The new purchaser must also deposit a 10 percent deposit with the court in the form of a cashier’s check.

There’s a lot involved, and along the way, you’ll need to attend to a wide range of details, which means there is plenty of room for mistakes to be made and for the sales process to stall. 

Why Selling Probate Estate Fast Makes Sense

Selling property in probate requires skill and patience, and a sale cannot proceed without carefully addressing each of the legal requirements involved. 

Holding onto a probate property for too long can result in rising maintenance costs, property taxes, and insurance–all of which can reduce your estate’s value. Plus, a market downturn is another risk that may further lower the sale price of your house. 

So, how can you avoid these risks and maximize your sale?

At SoCal Home Buyers, we simplify the process by purchasing probate homes for cash. This allows you to close quickly, avoid the risks, and focus on the next chapter of your life. We handle all the details, so you can focus on what comes next.

How to Sell a House in Probate with SoCal Home Buyers

At SoCal Home Buyers, we appreciate the opportunity to purchase your probated house, and we’re committed to making the process as easy for you as we can. 

You have a lot going on, and the last thing you need is a lengthy probate that leaves you fretting about how to sell estate property. We have a wealth of experience buying probate property in California and look forward to helping you! We’ve worked with families selling estate property in San Bernardino County, helping them avoid court delays and finalize the sale with less hassle.

It all begins with a few simple steps:

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