Selling a House in Probate in California, Step by Step

When someone dies owning a house in their own name, the house usually can’t be sold until a California probate court gives someone the authority to sell it. This guide is for executors, administrators and heirs. It covers who can sign, the two kinds of authority a court can grant, the notices and hearings involved, what an estate has to disclose and what probate costs.

First, check whether the house needs probate at all

Not every inherited house goes through probate. A house held in a living trust is sold by the successor trustee, usually without going to court; our guide to selling a house in a living trust after a death covers that path. A house held in joint tenancy, or left by a transfer-on-death deed, generally passes to the new owner after paperwork with the county recorder.

There’s also a newer shortcut. For deaths on or after April 1, 2025, the people who inherit a primary residence can ask the superior court to transfer it to them without full probate if the home’s gross value is $750,000 or less (Probate Code §13151). The petition can be filed once 40 days have passed since the death, and a probate referee has to appraise the house. “Gross value” means before subtracting any mortgage. The limit will be adjusted for deaths on or after April 1, 2028. Once the court issues its order, they own the house and can sell it themselves.

Step 1: Get appointed by the court

Otherwise, someone opens a probate case in the superior court of the county where the person lived. The court appoints a personal representative: the executor named in the will, or an administrator if there’s no will or no executor who can serve. That person receives “letters,” the court document that proves their authority. Until letters issue, nobody can sign a sale, though the family can still have the house valued and gather offers.

In the same petition, the personal representative can ask for authority under the Independent Administration of Estates Act. The court grants it unless someone objects and shows good cause, and if there’s good cause, it can grant only “limited” authority instead of “full” authority (Probate Code §10452).

Step 2: The inventory and the probate referee’s appraisal

Within four months after letters are issued, the personal representative files an inventory and appraisal of the estate’s property at its value on the date of death (Probate Code §§8800, 8802). Cash and bank accounts are valued by the personal representative, but a house is appraised by a probate referee, an appraiser appointed by the State Controller. The referee’s commission is one-tenth of 1% of the value appraised, with a $75 minimum and a $10,000 cap unless the court allows more, plus expenses (§§8961, 8963). On a $900,000 house, that’s $900.

That appraisal matters later. In a court-confirmed sale, the price generally has to be at least 90% of an appraisal made within the past year (§10309). It’s also a record of the date-of-death value, which is the starting point for capital gains tax on an inherited house.

Step 3: Full authority or limited authority

The letters say which kind of authority the personal representative has, and it shapes the whole sale.

What applies	Full authority	Limited authority
Court hearing to approve the sale	Only if someone objects	Required
Notice of sale published in a newspaper	No	Yes, unless the will authorizes the sale
Overbids at a hearing	No	Yes
Price must be 90% of appraisal	No	Yes

Limited authority covers most estate business, but not selling real estate without court supervision (§§10403, 10501).

Selling with full authority

With full authority, the personal representative can sell the house without a court hearing, on terms they choose, after giving a Notice of Proposed Action (§§10503, 10511). The notice, usually Judicial Council form DE-165, goes to each heir or beneficiary whose interest is affected and to anyone who asked for special notice (§10581). It has to state the material terms, including the price and any agent’s commission, and be delivered at least 15 days before the date the sale will happen (§§10585, 10586).

From there, one of three things happens:

Nobody objects. The sale can close on or after the date in the notice, and people who were notified and didn’t object generally lose the right to challenge it later (§10590).
Heirs sign written consents. Notice doesn’t have to be given to anyone who consents in writing (§10582).
Someone objects in writing or gets a restraining order. The sale then has to go through court supervision, as if the authority were limited (§10589).

The DE-165 form itself warns heirs that a sale without court supervision won’t go to a hearing where higher bids can be made. That’s the trade-off: speed and certainty instead of a public bidding round.

Selling with limited authority: court confirmation and overbids

With limited authority, or after an objection, the court has to confirm the sale before title passes (§10308). Unless the will authorizes the sale, a notice of sale is first published in a local newspaper (§§10300, 10303). Once an offer is accepted, the personal representative files a report of sale and petition for confirmation (form DE-260), and the court sets a hearing.

At the hearing, the judge looks at whether the sale benefits the estate and at the effort made to get a good price (§10310). Anyone can show up and overbid. The first overbid has to beat the accepted offer by at least 10% of the first $10,000 plus 5% of the rest (§10311). On a $600,000 accepted offer, the first overbid must be at least $630,500. The court confirms the sale to the highest qualifying bidder (§10313).

For the estate, that means more time and less certainty. The buyer you accepted can lose the house in the courtroom, and the hearing date depends on the court’s calendar.

Disclosures when an estate sells

California’s standard Transfer Disclosure Statement doesn’t apply to sales by a fiduciary administering a decedent’s estate, or to sales under court order, including probate sales (Civil Code §1102.2). The natural hazard disclosure law has the same exemptions, though other specific disclosures can still apply (Civil Code §1103.1).

The exemption covers the form, not honesty. The Legislature said these rules weren’t meant to change a seller’s existing duty to disclose known facts that materially affect a property’s value (Civil Code §1102.1). So if the family knows the roof leaks, the buyer should still hear about it.

What probate costs

The personal representative and the estate’s attorney are each entitled to a fee set by statute, figured on the estate’s gross value without subtracting the mortgage: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000 and 1% of the next $9 million (§§10800, 10810). For a $900,000 estate, that’s $21,000 each. The court can approve more for extraordinary services, and California’s court rules list selling property as one example.

Add the referee’s commission and court filing and publication costs. The estate also carries the house until it sells, paying property taxes, insurance, utilities and any mortgage.

Choosing how to sell

There’s more than one way to sell a probate house. Listing it with an agent exposes it to the most buyers and often brings the most money, but that can mean clearing the house out, doing some repairs and arranging showings while the estate pays the carrying costs. An heir can buy it, though a sale to the personal representative personally generally requires court supervision (§10501). A cash buyer is a third option.

EZ Home Offer is one of those cash buyers. We’re real estate investors, not agents. We make a written cash offer, usually within 24 hours, and buy the house as-is: the family takes what matters and leaves the rest. We charge no fees or commissions and cover typical closing costs. A cash offer is usually below what the house could bring on the open market, so it’s worth comparing. We can close in as little as 3 days once title is clear, or later to fit a notice period or a confirmation hearing. Our inherited house page explains how it works.

Sources

General information about California rules as of October 3, 2026, not legal, tax or financial advice. Laws change and every situation is different, so check the details with an attorney, CPA or other professional.