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Probate and Trust Real Estate Sales in Sonoma, Napa and Marin

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

A probate or trust sale is the sale of a home by the person legally in charge of a deceased owner’s property: an executor or administrator in probate, or a successor trustee when the home was held in a living trust. Probate sales follow the California Probate Code, either through court confirmation with open overbidding or, with full independent authority, through a notice to heirs. Trust sales usually close like ordinary sales once the trustee’s authority is documented.

Diamond Real Estate Group works with personal representatives, trustees and their attorneys on estate property in Sonoma, Napa and Marin counties and San Francisco. This page explains which path applies to you, how each one works, how value and taxes are set at the date of death, and how to get a vacant or tenant-occupied estate house ready to sell. Each section links to a more detailed guide.

Probate sale or trust sale: which one is yours?

The documents decide the path. If the home was titled in the name of a living trust, the successor trustee usually sells it without a court case. If it was in the owner’s own name and no other transfer method applies, a court-appointed personal representative sells it through probate.

Question	Probate, full IAEA authority	Probate, court confirmation	Trust sale
Who signs	Executor or administrator	Executor or administrator	Successor trustee
Court hearing on the sale	No, unless someone objects	Yes, a confirmation hearing	No
Notice to heirs	Notice of Proposed Action at least 15 days before the sale	Notice of the hearing; published notice of sale	Trustee notification within 60 days of the death (not tied to the sale)
Minimum price	None set by the confirmation rules	At least 90% of an appraisal made within a year of the hearing	None set by statute
Overbids	None	Yes, in court	None

Probate sales: the two paths

A probate sale takes one of two routes, depending on the authority the court gave the personal representative. Our step-by-step guide to selling a house in probate in California covers the whole case, from appointment to closing.

Full authority and the Notice of Proposed Action

Under the Independent Administration of Estates Act, a personal representative granted full authority has the power to sell estate real property and can do it without court confirmation. The confirmation-sale rules on published notice, court approval of commissions, the 90% minimum and court review of the price do not apply. Limited authority does not include selling, exchanging or optioning real estate, or borrowing against it.

Instead, the representative sends a Notice of Proposed Action (Judicial Council form DE-165) to the people entitled to notice at least 15 days before the date in the notice. The form warns recipients that the sale will not go to a confirmation hearing where higher bids could be made.

If a person entitled to notice objects in writing in time, the representative may go ahead only under court supervision. If no one objects, they are treated as having consented.

Court confirmation and overbids

Without full authority, or after an objection, the sale must be reported to the court and confirmed before title passes. The representative files a Report of Sale and Petition for Order Confirming Sale of Real Property (form DE-260). If the representative does not file within 30 days of the sale, the buyer may file it.

Three rules shape the price. The property must have been appraised within one year before the hearing, the offer must be at least 90% of that appraised value, and at the hearing anyone may overbid. The first overbid must exceed the original bid by at least 10% of the first $10,000 plus 5% of the rest.

On a $700,000 accepted offer, that is $1,000 plus $34,500, so the opening overbid is at least $735,500. Our guide to court confirmation and overbids has more on the hearing.

Listing agreements in probate

The Probate Code limits exclusive listings by a personal representative to 90 days, and each extension to another 90 days. A representative acting under court supervision needs court permission, on a showing of necessity and advantage to the estate, before signing the listing and before each extension (Probate Code 10150). A representative with independent administration authority can grant the listing and extensions without court permission or notice, until the total time with the same broker would exceed 270 days, when a Notice of Proposed Action is required (Probate Code 10538). When a confirmed sale goes to an overbidder, the code also limits how commission is split in some cases, so settle commission terms in writing at the start.

Trust sales

A trustee has power under Probate Code 16226 to sell trust property for cash or on credit, at public or private sale, subject to the trust’s own terms. The buyer’s title company will want proof of the trustee’s authority. A certification of trust under Probate Code 18100.5 is a signed, acknowledged statement of the trust’s existence, the current trustees and their powers; it can be recorded, and a title company or buyer who relies on it in good faith is protected without seeing the whole trust.

When a revocable trust becomes irrevocable because of a death, the trustee must serve notification on the beneficiaries and the deceased settlor’s heirs within 60 days. That notice must warn that a contest has to be filed within 120 days of service, or within 60 days after a copy of the trust terms is delivered during that period, whichever is later.

Ask your attorney whether that window affects when to list. Our guide to selling a house in a trust covers the trustee’s side in more detail.

Value, taxes and the date of death

Date-of-death value

For federal income tax, an heir’s basis in inherited property is generally its fair market value at the date of death, or on the alternate valuation date if the personal representative elects it. That number sets the gain when the estate or heirs sell, so a well-supported date-of-death value matters.

In probate, a probate referee appraises estate property other than cash-type items such as bank accounts, which the personal representative appraises. See our guide to date-of-death valuation.

Property tax after an inheritance

Under Proposition 19, a parent-to-child (or eligible grandparent-to-grandchild) transfer of the family home avoids full reassessment only if the home becomes the heir’s principal residence. The heir must file a homeowners’ exemption claim within one year and the exclusion claim within three years. The exclusion is capped at the home’s factored base year value plus an adjusted $1 million, which is $1,044,586 for transfers from February 16, 2025 to February 15, 2027; above that, the excess is added.

If no heir moves in, the home is generally reassessed. More in our Prop 19 inherited home guide.

Getting an estate property ready to sell

Most estate homes need work before they can be listed, and the personal representative or trustee is responsible for protecting the asset in the meantime.

Secure the property. Change locks, confirm who has keys, and check on the house regularly. Our page on property preservation covers vacant-home care.
Call the insurer. Tell the homeowner’s insurer the owner has died and the house may be vacant; ask what coverage applies and whether a vacancy policy is needed.
Keep utilities on. Power, water and gas protect the house and are needed for inspections and showings.
Deal with the contents. Remove personal property only with the authority to do so and after heirs have had a chance to claim items, as your attorney advises.
Handle tenants under the law. If the property is rented, the lease and local just-cause rules still apply. See our guide to inherited rental property.
Price and prepare. Decide with the heirs whether to sell as-is or make repairs first, using an opinion of value tied to recent comparable sales.

If you live out of the area, our page on selling a home while living somewhere else covers the logistics. Diamond may refer you to partners we work with; you’re free to choose any provider.

Probate courts in Sonoma, Napa and Marin

Each county’s superior court handles its own probate cases, and local practice affects timing.

Sonoma County. Probate filings are handled at the Civil and Family Law Courthouse, 625 Administration Drive, Santa Rosa, and trust, estate and conservatorship hearings are usually in Courtroom 23. Probate examiner notes are generally available three weeks before a hearing, and tentative rulings are available the afternoon before.
Marin County. A probate examiner reviews filings for procedural correctness before the court acts and cannot give legal advice. The court’s probate page links to its tentative rulings.
Napa County. Check the Napa County Superior Court’s probate page and local rules for current filing and hearing practice.

Examiner notes often flag missing items, such as a stale appraisal or a missing notice, that can push a confirmation hearing back. Building those into the timeline from the start avoids surprises for the buyer.

What Diamond does for executors and trustees

We handle the real estate side and coordinate with your attorney, who handles the legal side. On a typical estate property that means:

An opinion of value based on comparable sales, for the attorney, the referee and the heirs, plus a date-of-death value analysis when needed.
Coordinating access, cleanout, repairs, preservation and vacant-property insurance questions.
Marketing through the MLS and to likely buyers from our own client database and targeted campaigns.
Purchase contracts and counteroffers written for the sale path, with confirmation or notice-of-proposed-action terms, plus preparation for overbids at a confirmation hearing.
Regular updates for the personal representative, trustee, attorney and heirs.

Related guides cover conservatorship sales and co-owned property where heirs disagree and a partition action is on the table. For a sale that is not part of an estate, see our home selling services.

Questions people ask

Do you need court approval to sell a house in probate in California?

Not always. A personal representative with full authority under the Independent Administration of Estates Act can sell without court confirmation after giving a Notice of Proposed Action. Without full authority, or if someone objects, the sale must be confirmed by the court.

What is a Notice of Proposed Action?

Judicial Council form DE-165, which tells heirs and others entitled to notice about a planned action, such as a sale. It must be delivered at least 15 days before the date in the notice. A person who does not object in time is treated as having consented.

How does overbidding work at a probate confirmation hearing?

Anyone can bid at the hearing. The first overbid must beat the accepted offer by at least 10% of the first $10,000 plus 5% of the rest, so a $700,000 offer requires an opening overbid of at least $735,500. The court confirms the sale to the highest qualifying bidder.

Can a trustee sell a house without going to court?

Usually, yes. A trustee has power to sell trust property under Probate Code 16226, subject to the trust’s terms, and title companies generally rely on a certification of trust rather than a court order.

How long does a trustee have to notify beneficiaries and heirs?

Sixty days from the death that made the trust irrevocable. The notice must say that a contest has to be filed within 120 days of service, or 60 days after a copy of the trust terms is delivered during that period, whichever is later.

Does an inherited house get a stepped-up basis?

Generally, yes. For federal income tax, the heir’s basis is the property’s fair market value at the date of death, or on the alternate valuation date if the estate elects it. Confirm how it applies with a tax adviser.

Can a probate listing be exclusive?

Yes. The exclusive right to sell may run no more than 90 days, and each extension is also capped at 90 days. Without independent administration authority, the representative needs court permission for the listing and each extension; with it, no court permission is needed, but a Notice of Proposed Action is required once the total time with the same broker would pass 270 days.

Will the property tax go up when we inherit the house?

Usually, unless a child or eligible grandchild moves in as their principal residence and files under Proposition 19. Even then, value above the factored base year value plus $1,044,586 (for transfers from February 16, 2025) is added.

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

If you are an executor, administrator, trustee or attorney with a property to value or sell, contact us and we will start with the documents you have and the path the sale needs to take.

Sources & notes

The Napa County Superior Court’s probate page could not be loaded for this review, so no Napa-specific procedures are stated.

Last reviewed October 2026 by Matthew Martinez.