Can I Sell a House in Probate in California?
Yes, you can sell a house in probate in California — but the process depends on whether the estate is granted Full or Limited Authority by the probate court. With Full Authority, you may sell the home without court confirmation. With Limited Authority, court oversight and specific sale requirements apply.
Below, we break down everything you need to know.
What Is Probate in California?
Probate is the legal process for settling a deceased person’s estate. If someone dies owning property solely in their name, the estate must go through probate before real estate and other assets can be sold or transferred.
During probate, the court:
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Validates the will (if one exists)
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Appoints a personal representative (also called an executor or administrator)
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Ensures debts and taxes are paid
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Distributes any remaining property to heirs or beneficiaries
Can You Sell a House During Probate?
Yes, a home can be sold while it’s in probate. However, the method for selling depends on the level of authority granted by the court under the Independent Administration of Estates Act (IAEA):
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Full Authority: Sale does not require court confirmation
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Limited Authority: Sale does require court confirmation and is subject to overbidding in court
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What Is the Independent Administration of Estates Act (IAEA)?
The IAEA allows the personal representative to administer an estate with fewer court restrictions. The court grants either Full or Limited Authority at the beginning of the probate process.
Full Authority:
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No court confirmation needed to sell real estate
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Property may be sold at market value (not subject to 90% appraisal rule)
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Heirs still need to be notified before the sale
Limited Authority:
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Court confirmation required
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The home must be sold for at least 90% of the probate referee’s appraised value
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Sale is subject to overbids at a court hearing
Do You Need an Appraisal Before Selling a Probate Home?
Yes, regardless of authority level, the property typically must be appraised by a probate referee appointed by the court. The appraisal sets the fair market value and helps ensure that the estate receives proper compensation from the sale.
How Long Does It Take to Sell a Probate Property in California?
The timeline varies, but here’s a typical range:
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With Full Authority: 30–60 days from accepting an offer to closing
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With Limited Authority: 60–120+ days due to court scheduling, notice periods, and overbid process
Can You Sell a Probate House As-Is?
Yes. The estate may sell the property in as-is condition, especially to experienced buyers like investors or cash buyers who are comfortable with homes that need repairs, have liens, or are in less-than-perfect shape.
The buyer should still conduct a title check, but many will waive traditional inspections or financing contingencies.
Do All Heirs Have to Agree to the Sale?
Not always — but it helps. The personal representative has legal authority to sell the property if approved by the court. However, in practice, disputes among heirs can delay or block the sale if there’s disagreement about the decision or terms.
That’s why many families prefer to find a solution early — especially if some heirs want to sell while others want to hold onto the home.
Can You Sell a Probate Home Without an Attorney?
It’s legally possible, but not recommended in most cases. Probate laws in California are complex, and mistakes can delay the sale or cause legal issues later.
Most personal representatives either:
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Work with a probate attorney, probate professional or
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Sell to a home buyer or investor who works closely with attorneys and can guide the process
Can You Sell a Probate Property to an Investor?
Yes, and it’s a common option. Professional buyers like Semi Homes often purchase probate homes directly and:
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Handle paperwork and title issues
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Buy homes in as-is condition
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Work with attorneys and courts
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Close on flexible timelines — even before probate is finalized in some cases (via agreements or court preparation)
Summary: What You Should Know Before Selling a House in Probate
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You can sell a house in probate, but rules depend on authority level
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Full Authority = faster sale, no court confirmation
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Limited Authority = court approval required, 90% minimum of appraisal
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Appraisal by probate referee is required
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Investors and cash buyers can simplify the process
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Working with an experienced team helps avoid mistakes
Frequently Asked Questions
Can you sell a house in probate without court approval?
Yes — if the court granted Full Authority under the IAEA. If you only have Limited Authority, court confirmation is required.
Do you need an appraisal to sell a probate property?
Yes. A probate referee, appointed by the court, provides the official appraised value of the home.
Can heirs block the sale of a probate property?
Heirs can object, especially if they believe the property is being sold below market value or handled improperly. However, the personal representative has final say (with court approval if needed).
How long does it take to sell a probate house?
Anywhere from 30 to 120+ days, depending on the authority level and whether a buyer is lined up early in the process.
What’s the benefit of selling to an investor?
Speed, simplicity, no repairs needed, and help with legal or title issues. Many sellers in probate prefer a direct sale to avoid delays and court complications.