What is a probate sale in California?
One place that explains the probate home-sale path end to end, then points to the deeper guides for confirmation, timing and choosing an agent.
Short answer: A probate sale is the sale of a decedent’s real property through a probate estate. In California, a court-appointed personal representative (executor or administrator) gets Letters, then sells with either a Notice of Proposed Action under full Independent Administration of Estates Act (IAEA) authority or a court-confirmation hearing—especially under limited authority. In Los Angeles County, confirmation hearings are at the Stanley Mosk Courthouse. I’m Bill Gross, The LA Probate Expert, licensed since 1989, broker since 2005.
Probate sale vs. trust sale vs. a normal listing
A normal listing is a living owner selling. A trust sale is usually a successor trustee selling a house already titled in a living trust, often without court confirmation. A probate sale sits in the middle: the owner has died, the house is in the estate (not a funded trust), and the sale must match the authority in the Letters. Compare paths: trust sale vs. probate sale in California.
How a California probate sale works (outline)
- Appointment. The court appoints the personal representative and Letters issue (Probate Code §8400).
- Appraisal. A probate referee typically appraises estate real property as of the date of death. In a confirmed private sale the offer generally must be at least 90% of an appraisal made within one year (Probate Code §10309).
- Hire a broker. Probate Code §10150 lets the personal representative hire a licensed real estate broker. Read the Letters before pricing.
- Choose the path with counsel. Full IAEA authority usually means a Notice of Proposed Action (Judicial Council form DE-165). Limited authority means court confirmation. An objection to a Notice of Proposed Action can send a full-authority sale to court too.
- List and market. MLS exposure matters. As-is language is common when the house needs work.
- Contract, then notice or hearing. With confirmation, buyers must understand the court-confirmed sale and the overbid under Probate Code §10311 (contract price + 5% + $500 for the first overbid; 10% cashier’s check).
- Close to the estate. Proceeds go to the estate account; the attorney handles distribution later.
How long does a probate sale take?
The real-estate piece can start once Letters and authority are clear, but the overall probate case in Los Angeles County often runs longer. See how long probate takes in California. Hearing calendars move—check current LA County probate backlog before promising a date.
Who should hire a probate-focused broker
Executors, administrators, estate attorneys and professional fiduciaries. A probate-focused broker plans pricing around the referee, the notice or the hearing, and keeps marketing if an overbid is possible. Start with Probate Realtor® Los Angeles: how to choose and what a probate real estate broker does. Verified example: Case Brief #01 on Scudder Ct in Carson—a $465,000 cash offer versus a listed sale at $599,000. Phone (310) 210-0008.
Frequently asked questions
What is a probate sale in California?
It is the sale of a decedent’s real property through a probate estate by a court-appointed personal representative. The sale follows the authority in the Letters—often a Notice of Proposed Action under full IAEA authority, or court confirmation under limited authority.
Does every California probate sale go to court confirmation?
No. With full IAEA authority, many sales close after a Notice of Proposed Action. Limited authority requires court confirmation. An objection to a Notice of Proposed Action can also send a sale to court.
Where are Los Angeles County probate confirmation hearings held?
At the Stanley Mosk Courthouse, 111 N. Hill St. in downtown Los Angeles, for LA County probate matters.
What is the minimum first overbid?
Under Probate Code §10311, the first overbid is the accepted contract price plus 5% plus $500. The overbidder brings a cashier’s check for 10% of the overbid, payable to the estate.
How is a probate sale different from a trust sale?
A trust sale is usually handled by a successor trustee when the house is titled in a funded living trust, often without court confirmation. A probate sale is for estate property and must match the Letters.
About the author. Bill Gross, The LA Probate Expert, brokered by eXp Realty. Licensed since 1989, broker since 2005. Probate & Trust Real Estate Broker for executors, administrators, trustees and estate attorneys in Los Angeles County. Host of Probate Weekly, The Estate Planning Podcast and The Reverse Mortgage Podcast.
DRE #01022275. Brokerage: eXp Realty of California, Inc., DRE #01878277. 8383 Wilshire Blvd #800, Beverly Hills, CA 90211 · (310) 210-0008. Bill is a real estate broker, not an attorney and not a probate referee.
Educational only, not legal advice and not tax advice. California probate and trust administration are fact-specific. Confirm authority, court requirements and tax consequences with the estate’s attorney and a CPA or tax advisor.