When a California homeowner dies without a living trust, the home usually has to pass through probate — the court-supervised process of validating the will, appointing someone to act, paying debts, and distributing what is left. Selling the house is often the central event in that process, and how you handle it determines how long it takes, how much it costs, and how much reaches the heirs. This guide walks executors, administrators, and heirs through the entire California probate home sale: who has authority to sell, the timeline, the statutory fee stack, the critical difference between full and limited authority, court confirmation and the overbid, and how an inherited home is taxed when it sells. It is written for families in Ventura and Los Angeles Counties, where a single home often makes up most of the estate's value.
Step 1 — Who has the authority to sell?
No one can list or sell the home until the court grants authority. The process starts when an interested person files a Petition for Probate in the Superior Court of the county where the decedent lived (Ventura County in Ventura; Los Angeles County for Porter Ranch, Chatsworth, and the San Fernando Valley). The court holds a hearing, admits the will if there is one, and appoints a personal representative — called an executor when named in a will, or an administrator when there is no will. The court then issues Letters Testamentary or Letters of Administration, the document that proves the representative's authority to a title company and escrow.
Until Letters issue, the representative cannot sign a listing agreement or a purchase contract on behalf of the estate. The first move is always to get appointed.
Step 2 — Full authority vs. limited authority (this controls everything)
When the court appoints the representative, it grants one of two levels of authority under the Independent Administration of Estates Act (IAEA), Probate Code §10400 and following. This single distinction shapes how the entire sale feels.
| Full authority | Limited authority | |
|---|---|---|
| How the sale closes | No court-confirmation hearing. Sells much like a normal listing. | Court must confirm the sale at a hearing. |
| Notice required | Notice of Proposed Action mailed to heirs; 15 days to object. | Court hearing is set; sale exposed to overbid. |
| Overbid risk | None. Your accepted buyer closes. | Yes — others can bid at the hearing and take the home. |
| Speed & certainty | Faster; buyers have confidence. | Slower; original buyer may walk over uncertainty. |
If you are the petitioner, ask your attorney to request full authority wherever the facts allow it. It produces a cleaner, faster, less expensive sale and is far easier to market because buyers are not exposed to losing the home at an overbid. See our deep dive on IAEA full vs. limited authority.
Step 3 — The appraisal and the probate referee
Estate assets must be valued. The court appoints a probate referee who appraises the non-cash assets, including the home, at date-of-death value. The referee is paid 0.1% of the value appraised (Probate Code §8961) plus reasonable expenses. This appraised value matters for two reasons: it sets the statutory-fee base, and it usually becomes the home's stepped-up tax basis. A realistic, well-supported value protects the heirs on both fronts.
Step 4 — Marketing and selling the home
With authority in hand, the representative lists the home. Probate homes are frequently dated and sold as-is, so the right preparation pays off: a thorough cleanout, light cosmetic work where the return is clear, accurate disclosures (the representative discloses what they know but is typically exempt from the standard Transfer Disclosure Statement as a fiduciary who never lived in the home), and professional marketing. Under full authority, you accept the best offer, serve the Notice of Proposed Action, and close. Under limited authority, the accepted offer goes to a court-confirmation hearing.
Step 5 — Court confirmation and the overbid (limited authority)
If the estate has limited authority, the sale is confirmed at a hearing. The court starts the bidding at the accepted offer, and other buyers may overbid. The first overbid in California must generally be at least 10% of the first $10,000 plus 5% of the balance above the accepted price, with the court setting subsequent increments. If someone outbids your buyer at the hearing, your original buyer loses the home (their deposit is returned). This is why full authority is so valuable, and why a probate sale under limited authority needs an agent who understands how to set the price and manage buyer expectations through the hearing.
What it costs: the statutory fee stack
California is unusual in setting ordinary probate fees by statute as a percentage of the gross estate value (not the equity). Probate Code §10810 (attorney) and §10800 (representative) use the same schedule, and each is entitled to a full fee:
| Portion of gross estate | Statutory rate (each: attorney & representative) |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
On an $850,000 estate that is about $20,000 each, roughly $40,000 combined — calculated on the full value even if the home carries a mortgage. Add the probate referee (~0.1%), court filing and publication (several hundred dollars), and ordinary selling costs. An individual family member serving as representative can waive their statutory fee, putting that money back to the heirs. Estimate your specific numbers with the California probate net sheet calculator.
Trust vs. probate: why a trust sale is so much easier
If the home was titled in a living trust, there is no probate case for the real estate. The successor trustee can sell the home directly, without court supervision, statutory probate fees, a referee, or an overbid. That is the entire point of a trust. The difference in cost and time is large enough that many families discover — too late — that a simple trust would have saved tens of thousands of dollars and months of delay. If you are reading this before a loss, talk to an estate-planning attorney about a trust. If you are reading it after, see trust sale vs. probate sale to understand which process applies to your situation.
Taxes: the stepped-up basis advantage
Inherited real estate generally receives a stepped-up cost basis to its fair-market value on the date of death (Internal Revenue Code §1014). If the home is appraised at $850,000 at the date of death and sells for $850,000, there is little or no capital gain to the estate or heirs — even if the decedent bought it decades ago for a fraction of that. Appreciation between the date of death and the sale can create a taxable gain, which is one more reason not to let a probate sale drag. For California property-tax reassessment on inherited homes, the rules changed under Proposition 19 — see inherited property: step-up basis & Prop 19. Always confirm tax treatment with a CPA.
Special situations
- Multiple heirs who disagree. When siblings can't agree on whether to sell, a partition action or a court-supervised sale may be the path. A neutral, well-documented valuation defuses most disputes. See the partition action survival guide.
- A reverse mortgage on the home. Heirs typically have a window to sell or refinance to satisfy the reverse-mortgage balance; acting promptly preserves equity. See reverse mortgage after death.
- Conservatorship sales (selling for a living person who cannot manage their affairs) follow a related but distinct court process — see conservatorship home sale.
- A hoarder or distressed property. As-is probate homes can still sell well with the right cleanout and marketing rather than a lowball cash offer.
The executor's playbook: do these in order
- Engage a probate attorney and file the Petition for Probate in the right county; request full authority.
- Secure the home — insurance (vacant-home coverage), utilities, and basic maintenance — the day you have access.
- Cooperate with the probate referee's appraisal; support a realistic date-of-death value.
- Interview an agent experienced in probate; plan the cleanout and any cosmetic work with a clear return.
- List, accept the best offer, and either serve the Notice of Proposed Action (full authority) or proceed to the confirmation hearing (limited authority).
- Close, pay creditors and the statutory fees, and petition for final distribution to the heirs.
Frequently Asked Questions
Can you sell a house that is in probate in California?
Yes — once the court appoints a personal representative and issues Letters. With full IAEA authority the home sells without a court-confirmation hearing after a Notice of Proposed Action; with limited authority the court confirms the sale with an overbid.
How long does a probate home sale take in California?
Full probate runs about 9–18 months. The home can usually sell within that window; full authority avoids the confirmation hearing that limited authority requires.
How much does probate cost in California?
Statutory attorney and representative fees on the gross estate (§10810/§10800), each entitled to a full fee — about $20,000 each on an $850,000 estate — plus a probate referee (~0.1%), court/publication costs, and selling costs. Use the probate net sheet calculator to estimate.
What is the difference between full and limited authority?
Full authority sells without court confirmation after a Notice of Proposed Action; limited authority requires a confirmation hearing with an overbid. Full authority is faster, cheaper, and more certain for buyers.
Do heirs pay capital gains tax when selling an inherited home?
Inherited property generally gets a stepped-up basis to date-of-death value (IRC §1014), so a sale near that value often triggers little or no gain. Confirm with a CPA.
Can probate be avoided in California?
Often — a living trust passes the home outside probate, and California's small-estate/primary-residence procedures (thresholds raised in 2025) can keep some estates out of full probate. Ask a probate attorney.
