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Selling a House in Probate in California: Step by Step

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

To sell a house in probate in California, the personal representative must first be appointed and receive letters, then sell either with full authority under the Independent Administration of Estates Act (IAEA), using a Notice of Proposed Action, or with court confirmation, which adds a court hearing and open overbidding. Which path applies depends on the authority the court granted. A full-authority sale can close much like an ordinary sale once the 15-day notice period passes without objection.

This guide walks through each stage for executors and administrators, with the Probate Code sections behind each step. It doesn’t replace your probate attorney, who files the petitions and notices; it helps you plan the sale and work with the court’s timeline. For heirs deciding whether to keep or sell, see our guide to an inherited house in California.

Before you can sell: appointment, letters and inventory

No one can sell estate property until the court appoints a personal representative and letters are issued (Probate Code §8400). Before that, a named executor may only pay funeral expenses and take steps needed to preserve the estate, such as securing and insuring a vacant house.

Petition for probate. The petitioner files a Petition for Probate (form DE-111) in the county where the decedent lived, typically with a $435 filing fee, gives notice to heirs and publishes notice in a local newspaper (California Courts self-help).
Hearing and appointment. At the hearing the judge appoints the executor or administrator and decides whether to grant full or limited authority under the IAEA.
Letters. Once letters issue, the personal representative can act for the estate, including signing a listing agreement.
Creditor notice. Creditors must file claims by the later of four months after letters are first issued or 60 days after notice is mailed or delivered to them (§9100).
Inventory and appraisal. The personal representative files an Inventory and Appraisal (DE-160) within four months after letters issue, unless the court allows more time (§8800). The personal representative values cash-type assets, and the court’s probate referee appraises everything else, including real estate (§§8901, 8902).

The courts’ self-help site says formal probate typically takes 9 to 18 months and sometimes longer. A house can often be sold well before the estate closes, once letters issue and the needed notices are given.

Full authority, limited authority and court confirmation

Under the IAEA, the court grants the requested authority unless an interested person objects and shows good cause, in which case it grants only limited authority (§10452). The difference matters most for real estate:

Question	Full IAEA authority	Limited IAEA authority
Can the representative sell the house?	Yes: §10511 gives the power to sell or exchange estate real property	Yes, but only with court supervision (§10501(b))
Notice required	Notice of Proposed Action (DE-165) at least 15 days before the action (§§10510, 10586)	Published notice of sale and a confirmation hearing (§§10300, 10308)
Minimum price	No 90%-of-appraisal minimum (§10503)	At least 90% of a current appraisal for a private sale (§10309)
Overbids in court	No court hearing unless someone objects	Yes, at the confirmation hearing (§10311)
Broker commission	Set by the listing agreement and disclosed in the notice (§10585)	Allowed by the court (§10161)
Bond, if required	Can cover the value of real property the court authorized for sale (§10453(a))	Personal property and income only (§10453(b))

Even with full authority, the court still supervises some transactions, including any sale to the personal representative or their attorney (§10501(a)). Your letters say which authority you have.

Selling with full authority: the Notice of Proposed Action

A full-authority sale is marketed like any other listing. The difference is the notice step after you accept an offer and before you close.

Accept an offer, subject to the notice period. The purchase contract should say the sale is subject to the Notice of Proposed Action process, so the closing date allows for it.
Prepare the notice. Judicial Council form DE-165 must state the representative’s name and contact details, a contact person, the material terms of the sale including the price, the amount or method of calculating any broker commission, and the date on or after which the sale will happen (§10585).
Deliver it at least 15 days ahead. The notice goes to each person entitled to it, such as heirs and devisees, at least 15 days before the date in the notice (§10586).
Watch for objections. A person may object in writing, delivered before the later of the date in the notice or the date the sale actually happens, or by serving a restraining order (§10587).
Close, or go to court. If no one objects, the sale can close and those who received notice generally lose the right to have the court review it later (§10590). If someone does object, the representative must use court supervision to proceed (§10589).

Heirs can also sign a consent or waiver, which can shorten the wait. Ask your attorney whether that’s practical in your family.

Selling with court confirmation

A sale needs court confirmation when the representative has limited authority, or when someone objects to a Notice of Proposed Action. Except under IAEA authority, a real property sale must be reported to and confirmed by the court before title passes (§10308).

Get a current appraisal. The property must have been appraised within one year before the confirmation hearing, and the price must be at least 90% of the appraised value (§10309).
Publish notice of sale. Notice is published in a newspaper in the county where the property is, completed by the date on or after which the sale is to be made (§10300).
Accept an offer and file the report. The attorney files a Report of Sale and Petition for Order Confirming Sale (form DE-260). If the representative doesn’t file within 30 days, the buyer may (§10308(b)).
Attend the hearing. The court must accept a qualifying higher written offer made at the hearing: at least 10% more on the first $10,000 of the original bid and 5% more on the rest (§10311).
Close on the court’s order. Once the court confirms the sale to the original buyer or the winning overbidder, escrow closes on the order.

On an $800,000 accepted offer, the first overbid must be at least $840,500: $1,000 on the first $10,000 plus $39,500 on the remaining $790,000. Our guide to court confirmation and overbids explains bidding at the hearing from the buyer’s side.

Listing agreements and commissions in probate

A personal representative may hire a licensed real estate broker to find a buyer, and the broker may cooperate with other brokers through a multiple listing service (§10150(a)). In a confirmation sale, the estate owes a commission only up to what the court allows, and only if the court confirms the sale (§10150(b)).

Exclusive listings: Outside IAEA authority, an exclusive right to sell may run up to 90 days only with court permission based on necessity and advantage to the estate, and each extension of up to 90 days needs the court’s permission too (§10150(c)). With IAEA authority, the representative can grant a 90-day exclusive listing and extensions without court permission, and needs a Notice of Proposed Action only when the total listing period would exceed 270 days (§10538).
Court sets the fee: In a confirmation sale the court allows reasonable compensation, capped at the contract amount (§10161).
Overbid splits: When the original bid came in without a broker and an overbidder’s broker wins, that broker’s commission is limited to half the difference between the original and final bids, unless the broker holds an exclusive listing (§10162).

Under full IAEA authority these court rules on commissions don’t apply (§10503), but the commission must still be disclosed in the Notice of Proposed Action. Our page on California listing agreements covers the standard terms.

Preparing an estate house for sale

Most estate houses sell as-is, but buyers still expect clear information. Plan for:

Value: the referee’s appraisal sets the inventory value, and a broker’s pricing analysis helps set the list price; see date-of-death valuations.
Property tax: if an heir might keep the house, review Proposition 19 rules for inherited homes before you list.
Vacancy: secure the house, keep utilities on for showings, and confirm the insurance covers a vacant property.
Disclosures: some state disclosure duties don’t apply to court-ordered transfers, such as the earthquake guide for older homes (Government Code §8897.1(c)), but disclose known material defects; see selling as-is in California.
Tenants: leases and tenant protections survive the owner’s death; see inherited rental property.
Disagreement among heirs: if co-owning heirs can’t agree on a sale after distribution, a court can order one; see partition actions in California.

Diamond may refer you to partners we work with, such as cleanout crews or contractors; you’re free to choose any provider.

Probate costs that affect the sale

California sets statutory fees for the personal representative and the estate’s attorney on the same sliding scale: 4% of the first $100,000 of the estate, 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, with the court setting fees above $25 million (§§10800, 10810). The base is the appraised value of inventoried property, plus gains over appraisal on sales and other receipts, minus losses on sales, and mortgages aren’t subtracted (§10800(b)).

On a $1,000,000 estate, that’s $23,000 to the representative and $23,000 to the attorney for ordinary services, on our arithmetic. If the house is in a trust instead, see selling a house in a trust, which usually avoids these steps.

This is general information, not legal or tax advice; talk to a California probate attorney or tax adviser about your situation.

Questions people ask

Can you sell a house during probate in California?

Yes. Once the court appoints a personal representative and letters issue, the house can be sold, either with full IAEA authority after a Notice of Proposed Action or with court confirmation.

Does a probate sale always need court approval?

No. With full authority under the IAEA, the representative can sell after giving a 15-day Notice of Proposed Action, and the court is involved only if someone objects. With limited authority, the sale needs court confirmation.

What is a Notice of Proposed Action?

Judicial Council form DE-165, which tells heirs and other interested persons the sale price, commission and other material terms at least 15 days before the sale. Anyone entitled to notice may object in writing before the date in the notice.

What is the minimum price in a probate sale?

In a court-confirmed private sale, at least 90% of an appraisal made within one year before the hearing. A full-authority IAEA sale has no 90% minimum, though heirs can object to a low price.

How much must an overbid be in probate court?

At least 10% more on the first $10,000 of the accepted bid plus 5% more on the rest. On an $800,000 bid, the first overbid must be at least $840,500.

Who sets the real estate commission in a probate sale?

In a court-confirmed sale, the court allows a reasonable commission, capped at the listing agreement. In a full-authority sale, the listing agreement sets it, and it must appear in the Notice of Proposed Action.

How long does it take to sell a house in probate?

The courts say formal probate typically takes 9 to 18 months, but the sale can happen sooner. A full-authority sale needs at least the 15-day notice period; a confirmation sale adds publication and a court hearing date.

Can heirs stop a probate sale?

An heir entitled to notice can object to a Notice of Proposed Action, which sends the sale to court supervision. In a confirmation sale, they can be heard at the hearing.

If you’re the executor or administrator of an estate with a house in Sonoma, Napa, Marin or another county we serve, we can help you value it, prepare it and sell it on the court’s timeline. See how Diamond handles probate and trust sales.

Sources & notes

Last reviewed October 2026 by Matthew Martinez.