When does a house have to go through probate in California?

Generally when the home was held in the deceased person's name alone and isn't otherwise transferable - for example, it isn't in a living trust, joint tenancy, or covered by a beneficiary/transfer-on-death designation. California also has small-estate shortcuts whose dollar limits adjust every three years and depend on the date of death; confirm the current figure for the specific date of death.

What is the difference between full and limited authority in probate?

Under the Independent Administration of Estates Act, full authority generally lets the personal representative sell the home after a Notice of Proposed Action without a court-confirmation hearing. Limited authority means selling real property still requires court confirmation, including an open-court overbid process.

How long does probate take in California?

Commonly about 9 to 18 months or more from petition to closing the estate, and longer for complex estates, will contests, or crowded court calendars. The home sale is one milestone within that larger process. These are general ranges, not guarantees.

Do you have to disclose everything when selling a probate home?

Probate and certain fiduciary sales generally have reduced disclosure obligations - under Civil Code Section 1102.2 the standard Transfer Disclosure Statement does not apply to court-ordered probate sales or to fiduciary transfers of a decedent's estate. But the representative must still disclose material facts they actually know, and other disclosures (such as Natural Hazard Disclosure or federal lead-based-paint disclosure for pre-1978 homes) may still apply. Confirm with the probate attorney.

Who can sell a house in probate?

The personal representative - an executor named in the will (granted Letters Testamentary) or a court-appointed administrator when there is no will (granted Letters of Administration). Those court-issued 'Letters' are the proof of authority to act for the estate, including selling real property.

Probate Home Sales in California - Executor's Guide

Q: How does the probate overbid work in California?

For a court-confirmed sale, an accepted offer can be overbid at the hearing. California Probate Code Section 10311 sets the minimum first overbid at 10% of the first $10,000 of the accepted bid plus 5% of the amount above $10,000. On a $300,000 offer that is $315,500. After that, the court sets the increments and confirms the sale to the highest responsible bidder.

Important - please readThis page is general information only and is not legal, financial, or tax advice, and it does not create any professional-advisory relationship. Laws, thresholds, and tax rules change and depend on your specific situation. Brian Cooper is a licensed REALTOR®, not an attorney or CPA. Before acting, consult a licensed California attorney and a CPA or tax professional. Equal Housing Opportunity.

In shortIn California, real estate held in a deceased person's name alone (and not in a trust, joint tenancy, or with a beneficiary designation) usually passes through probate. The personal representative - an executor named in the will, or a court-appointed administrator - is granted either full or limited authority under the Independent Administration of Estates Act. With full authority, the home can often be sold after a Notice of Proposed Action (a 15-day notice to heirs) without a court hearing; with limited authority, the sale requires court confirmation, including an open-court overbid process. Probate commonly takes about 9 to 18+ months. This is general information - work with a probate attorney and CPA.

Most probate home sales come down to one question: full authority or limited authority? That single fact determines whether the sale needs a courtroom - and how buyers bid.

When is probate required?

Probate is generally required to transfer a home that was held in the deceased person's name alone and isn't otherwise transferable. Property in a living trust, held in joint tenancy, or with a beneficiary / transfer-on-death designation usually passes outside probate. California also has small-estate shortcuts whose dollar limits adjust every three years (on April 1) and depend on the date of death - always confirm the current figure for the specific date of death (as of April 1, 2026 the personal-property small-estate limit is $239,700). The person who administers the estate is the executor (named in the will, granted Letters Testamentary) or the administrator (appointed when there is no will, granted Letters of Administration). Those "Letters" are the court's proof of authority to act - including to sell real property.

Full authority vs limited authority (the IAEA)

The Independent Administration of Estates Act lets a personal representative administer the estate with reduced court supervision, at one of two levels:

Full authority

The representative may sell the home without a separate court-confirmation hearing, after first giving a Notice of Proposed Action to interested parties. There is no in-court overbidding.

Limited authority

The representative can do most things, but selling real property still requires court confirmation - the formal hearing with open-court overbidding described below.

The Notice of Proposed Action (full authority)

Before a major action like selling the home, a full-authority representative sends a Notice of Proposed Action (Judicial Council Form DE-165) to heirs and beneficiaries. Recipients generally have at least 15 days to object (or may waive in writing). If no one objects, the representative can proceed without court approval; if someone objects, the representative must either not proceed or seek the court's approval.

The court-confirmed sale & overbid

When confirmation is required, an accepted offer is reported to the court and exposed to overbidding at a hearing, so other buyers can bid in open court. California Probate Code §10311 sets the minimum first overbid at 10% of the first $10,000 of the accepted bid plus 5% of the amount above $10,000.

Overbid example

On a $300,000 accepted offer, the minimum first overbid is $300,000 + (10% × $10,000 = $1,000) + (5% × $290,000 = $14,500) = $315,500. After a qualifying first overbid, the court sets the increments for further bidding, and confirms the sale to the highest responsible bidder. (The bid amount is figured without regard to broker commissions.)

How long does it take?

California probate commonly runs from about 9 months to 18 months or more from petition to closing the estate - longer for complex estates, will contests, or busy court calendars. A mandatory creditor-claim period and hearing availability are common drivers. The home sale is one milestone within this larger process; under full authority it can sometimes close mid-administration. These are general ranges, not guarantees.

Selling "as-is" and disclosures

Estate homes are typically sold as-is, often with deferred maintenance or a needed cleanout. Probate and certain fiduciary sales generally have reduced disclosure obligations: under Civil Code §1102.2, the standard Transfer Disclosure Statement does not apply to court-ordered probate sales or to transfers by a fiduciary administering a decedent's estate. Important: that does not waive everything - the representative must still disclose material facts they actually know, and other disclosures (such as the Natural Hazard Disclosure, or federal lead-based-paint disclosure for pre-1978 homes) may still apply. Confirm what applies to your sale with the probate attorney.

How Brian helps

I work with executors, administrators, and heirs - pricing and marketing the home (including for court-confirmed sales and the overbid process), handling as-is presentation and cleanout logistics, and coordinating with your probate attorney and the court's timeline. I am a REALTOR®, not an attorney or CPA; the legal procedure stays with your probate attorney, and I make the real-estate part clear and calm.