Step-by-Step Guide
How to Sell a House in Probate in California
Navigate court requirements, timelines, and get a fair sale for the estate.
When someone passes away and their property must go through probate, selling that real estate requires following specific court procedures. California probate can take 6-12 months or longer, and property sales need court approval.
MeritHomeBuyers has experience purchasing probate properties throughout California. We understand the court process, work with your probate attorney, and can hold our offer while you navigate court requirements.
Key Takeaways
- Probate typically takes 6-12 months in California, sometimes longer
- IAEA authority (if granted) allows sales without court hearing
- Sales without IAEA require 90% of appraised value and court confirmation
- Overbidding at court hearing can increase final price but adds uncertainty
- Cash buyers can hold offers and close quickly after court approval
Step-by-Step Process
Open the Probate Case
File a petition for probate with the superior court in the county where the deceased lived. The court will appoint an administrator or executor to manage the estate, including any real estate. This typically takes 4-8 weeks.
Get Court Authority to Sell
Once appointed, the administrator must get court approval to sell real estate. If the will grants Independent Administration (IAEA authority), you may be able to sell without court confirmation. Otherwise, you need a formal court hearing.
List or Accept an Offer
With authority to sell, you can accept offers. For probate sales without IAEA, you need an offer at least 90% of appraised value. Cash buyers like MeritHomeBuyers can make offers that comply with court requirements.
Court Confirmation Hearing
Without IAEA, sales require a court confirmation hearing. Other buyers can appear and overbid (typically 5% over the current offer). This can increase the sale price but adds uncertainty. With IAEA, you can skip this step.
Close the Sale
After court approval, proceed to closing like a normal sale. The escrow company will ensure proceeds go to the estate for distribution according to the will or intestacy laws. Expect 30-45 days from approval to close.
What You'll Need
“Probate was overwhelming until MeritHomeBuyers explained the process. They made an offer, waited patiently through court approval, and closed within a week of confirmation. Their experience with probate made everything smoother.”
Linda M.
Estate administrator for father's property
Frequently Asked Questions
How long does probate take in California?
Most probates take 6-12 months, though complex estates can take longer. The timeline depends on court calendars, estate complexity, and whether there are disputes.
Can I sell a probate property before probate is complete?
You can accept offers before probate is complete but cannot close until you have court authority. Cash buyers like us can hold offers until you have approval.
What is the 10% overbid rule?
At confirmation hearings, other buyers can overbid the accepted offer by approximately 5% over the initial price, then in smaller increments. This auction-like process continues until no one bids higher.
Do I need a probate attorney?
While not legally required, probate is complex and we strongly recommend hiring an experienced probate attorney. Mistakes can cause significant delays and liability.
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Get a no-obligation cash offer. We work with your attorney and can hold our offer through court approval.