Probate Realtor Los Angeles: How to Choose

Short answer: Choose a Los Angeles probate realtor who reads the Letters before pricing the house, can explain full versus limited IAEA authority without notes, and has handled court-confirmation hearings and overbids at the Stanley Mosk Courthouse. Verify the agent’s DRE license yourself, ask estate attorneys who have worked with the agent, and get the listing term, marketing plan and commission in writing. California has no state probate certification for agents, so test knowledge, not titles.

This guide is for executors, administrators, successor trustees, heirs and the attorneys who advise them. It covers what a probate realtor does, what the agent must know about the Probate Code, how to check a track record, the questions to ask, and the red flags that cost estates money. It is educational, not legal advice. The estate attorney makes the legal calls.

What does a probate realtor in Los Angeles actually do?

A probate realtor sells real property owned by a decedent’s estate, or by a trust after the trustor dies. Under Probate Code §10150, the personal representative may hire a licensed real estate broker to find a buyer, and the broker may use the multiple listing service. So the job starts as a normal listing: pricing, preparation, photos, marketing, offers and escrow.

The probate layer is what separates the specialists. A probate realtor:

• Reads the Letters Testamentary or Letters of Administration to see what authority the court granted.
• Plans the sale around the right path: a Notice of Proposed Action (Judicial Council form DE-165) under full authority, or a court-confirmation hearing under limited authority.
• Prices with the probate referee’s Inventory and Appraisal in mind, because a confirmed private sale generally has to be at least 90% of an appraisal made within one year (Probate Code §10309).
• Writes the purchase agreement, disclosures and MLS remarks for that path, so buyers are not surprised by a hearing or an overbid.
• Coordinates with the estate attorney, the title officer and escrow on the documents each one needs.
• Handles the practical problems inherited homes bring: occupants, cash for keys, cleanouts, hoarding, deferred repairs and code issues.

The realtor does not replace the attorney. Counsel files the petitions, gives the legal notices and appears in court. The realtor runs the real estate side so it fits what counsel files.

Do you need a probate realtor, or will any agent do?

The law does not require a probate specialist. Any licensed agent can list a probate property. Experience matters most when the sale needs court confirmation, when heirs disagree, when someone is living in the house, or when title has problems.

A traditional agent can be a reasonable fit when the house is in a funded trust and the trustee has a clear power of sale, or when the personal representative has full IAEA authority, every heir agrees, the house is vacant and title is clean. If any of those facts change, the sale starts to look like a court sale. For a side-by-side comparison, read probate-focused broker vs. traditional realtor.

What should a probate realtor check before pricing the house?

Before a list price is set, a good probate realtor asks for four things:

1. The Letters. Appointment is effective when Letters issue (Probate Code §8400). The Letters show whether the personal representative has full or limited authority under the Independent Administration of Estates Act (IAEA).
2. The referee’s appraisal, or its timing. The probate referee values the house as of the date of death. That number sits in the legal file. It is not the list price, but in a confirmation sale it sets the 90% floor.
3. Who is entitled to notice. Under full authority, the personal representative generally gives a Notice of Proposed Action at least 15 days before acting, unless the people entitled to notice waive it or consent. That 15 days belongs in the escrow calendar.
4. What title will require. The title underwriter decides what it needs to insure the buyer. Sometimes that includes a Notice of Proposed Action or waivers even when counsel thinks one is not required. Finding that out early avoids a last-week delay.

Trust sales are different. A successor trustee’s power comes from the trust document, not from Letters, and most trust sales never go to court. See what a successor trustee does first and whether a trustee can sell without beneficiary approval.

How do court confirmation and overbids work in Los Angeles?

Under limited IAEA authority, court confirmation IS required. Under full authority, court confirmation MAY BE required, for example when an interested person timely objects to the Notice of Proposed Action and the personal representative still wants to go ahead.

In Los Angeles County, probate hearings are held at the Stanley Mosk Courthouse, 111 N. Hill St. in downtown Los Angeles. Since February 2, 2026, Antelope Valley probate matters are also heard through Stanley Mosk. The estate attorney files the petition to confirm the sale and gives notice of the hearing. At the hearing, anyone can overbid.

The overbid rule comes from Probate Code §10311. The first overbid is the accepted contract price plus 5% plus $500. Each overbidder brings a cashier’s check for 10% of the overbid, payable to the estate.

After the first overbid, the court can take further bids in the courtroom, and the original buyer can bid too. That is why a probate realtor keeps marketing to likely overbidders after an offer is accepted, and why the original buyer needs to understand the process before signing. More detail: how a court-confirmed sale works in Los Angeles.

How should a probate listing agreement and commission work?

The listing terms depend on authority, and a probate realtor should explain them before you sign:

• With IAEA authority: the personal representative can grant an exclusive right to sell for up to 90 days, with extensions of up to 90 days each. Once the total with the same broker passes 270 days, the personal representative has to give a Notice of Proposed Action (Probate Code §10538).
• Without IAEA authority: an exclusive listing needs court permission first, on a showing of necessity and advantage to the estate (Probate Code §10150(c)).
• Commission in a confirmation sale: the listing contract is binding against the estate only for the amount the court allows (Probate Code §10150(b)). The court approves the commission at the hearing.
• Overbids and commission: if the original buyer had no agent and a represented overbidder wins, the overbidder’s agent can be paid no more than half of the difference between the original bid and the winning bid. That limit does not cut the commission of a broker holding an exclusive listing (Probate Code §10162).

The commission is not the same as probate fees. The executor and the attorney each have statutory compensation under Probate Code §10800 and §10810: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. On a $1,000,000 estate that is $23,000 each, or $46,000 if both are paid. See the California probate fee schedule, then run your own numbers in the probate cost calculator or the seller net sheet calculator.

How do you verify a probate realtor’s track record?

You can check most of it yourself in an afternoon:

1. License. Look up the agent on the DRE public license lookup. It shows license status, broker or salesperson, and the supervising broker.
2. Brokerage. Every salesperson works under a responsible broker. Ask who it is and who holds the listing agreement.
3. Confirmation sales. Ask for recent Los Angeles County court-confirmation sales the agent can describe, and the case numbers if the agent can share them. Probate case summaries are public through the court’s online case access.
4. Attorney references. Estate attorneys see how an agent handles notices, deadlines and the hearing. Ask for two you can call.
5. The agent’s own MLS remarks. Read a few of the agent’s past probate listings. When I reviewed 618 closed Los Angeles County probate listings on TheMLS, 43.4% told buyers court confirmation was not needed, and only 4% used the accurate words “court confirmation may be required.” Details: two ways LA probate listings get it wrong.

Private designations can show training, but they are not state certifications. Weigh them below the license record and the agent’s real files.

What questions should you ask a probate realtor before you hire?

1. Will you read the Letters before you price the house? What do ours say about authority?
2. With our authority, is court confirmation required, or may it be required? How does that change the timeline?
3. On a $650,000 accepted offer, what is the minimum first overbid, and what deposit does an overbidder bring?
4. How will you price against the referee’s appraisal and the 90% rule?
5. How long is the listing term, and does it need court permission?
6. How is the commission set, and what happens to it if an overbidder wins?
7. How will you market the house after we accept an offer, so overbidders know about the hearing?
8. Will you work with our estate attorney and title officer on the notice and documents title will require?
9. How do you handle an occupant, a cleanout, or a house that needs repairs?
10. What will the MLS remarks say about court confirmation?
11. What is your DRE license number, and who is your supervising broker?
12. Which attorneys can I call about your work on court-confirmation sales?

For a one-page version with why each question matters, use 10 questions to ask before you hire a probate agent, and walk the probate seller checklist with your attorney.

What are the red flags when choosing a probate realtor?

• A promise of “no court confirmation required” on a full-authority sale. Full authority gives a path around the hearing. It does not guarantee one.
• Pricing at the referee’s number. The referee values the house as of the date of death. The market, condition, occupancy and authority set the list price.
• A push to remodel with estate money. Most Los Angeles estate homes sell best as-is. See should probate property be sold as-is.
• A quick off-market sale to the agent’s own buyer. The personal representative’s job is to get the price the open market will pay. Ask who else will see the listing. See the steering trap.
• No clear plan for the heirs. Disagreement is common, but it needs a plan with counsel. See how to sell when heirs disagree.
• Talk of listing before Letters issue. An agent can plan early, but cannot list before the personal representative has authority. See can an executor sell before probate is finished.

How does Bill Gross handle probate sales in Los Angeles?

I am Bill Gross, The LA Probate Expert, brokered by eXp Realty. I have 40 years in real estate and lending; licensed since 1989, broker since 2005. My practice centers on probate, trust and litigation-related property sales in Los Angeles County, for executors, administrators, trustees, professional fiduciaries, heirs and the attorneys who represent them. My office is at 8383 Wilshire Blvd #800 in Beverly Hills, and I sell estate homes across Los Angeles County.

Many of my sales go through court confirmation at the Stanley Mosk Courthouse, and I prepare the listing, the marketing and the paperwork with the hearing and possible overbids in mind. I also handle IAEA sales that do not need a hearing but still need proper notice and a clean file. I hold the Certified Probate Expert (CPE) designation from Probate Mastery. I am not an attorney and not a probate referee.

I also host Probate Weekly, The Estate Planning Podcast and The Reverse Mortgage Podcast, where estate attorneys and other professionals explain the rules families run into. If you have an estate or trust property in Los Angeles County, schedule a consultation and bring the Letters or the trust if you have them.

Frequently asked questions

What is a probate realtor?

A probate realtor is a licensed real estate agent or broker who sells homes owned by a decedent’s estate or trust. The work is a normal listing plus the probate layer: reading the Letters, planning for a Notice of Proposed Action or a court-confirmation hearing, pricing against the probate referee’s appraisal, and coordinating with the estate attorney.

Is there a probate certification for realtors in California?

No. California has no state probate certification for real estate agents. Private designations exist, such as the Certified Probate Expert (CPE) designation from Probate Mastery, but they are not state licenses. Check the agent’s DRE license and ask about actual court-confirmation sales.

Does a Los Angeles probate sale need court confirmation?

It depends on the Letters. If the personal representative has limited authority under the Independent Administration of Estates Act, court confirmation IS required. If the personal representative has full authority, court confirmation MAY BE required, for example if someone timely objects to the Notice of Proposed Action.

What is the minimum overbid in a Los Angeles probate sale?

The first overbid is the accepted contract price plus 5% plus $500 (Probate Code §10311). On a $650,000 accepted offer, the first overbid is $683,000. Each overbidder brings a cashier’s check for 10% of the overbid, payable to the estate.

Who pays the probate realtor’s commission?

The estate pays it from the sale proceeds at closing. In a court-confirmation sale, the listing contract is binding against the estate only for the amount the court allows (Probate Code §10150), so the court approves the commission. The commission is separate from the statutory executor and attorney fees under Probate Code §10800 and §10810.

Can an executor sign a listing agreement before Letters are issued?

No. Under Probate Code §8400, the personal representative has no power to administer the estate until appointed, and the appointment is effective when Letters issue. A realtor can prepare a pricing and marketing plan before then, but the listing agreement waits for the Letters.

Is a probate realtor the same as a probate referee?

No. A probate referee is appointed by the State Controller to appraise estate assets for the Inventory and Appraisal. A probate realtor lists and sells the property. Bill Gross is a real estate broker, not a probate referee, and does not perform probate appraisals.

Educational only. California probate and trust administration are fact-specific. Confirm authority, court requirements, and tax consequences with the estate’s attorney and tax advisor. Statute summaries were checked against the California Probate Code on leginfo.legislature.ca.gov in October 2026.

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