Can You Sell an Inherited House Before Probate in California?
When inheriting a property in California, many heirs want to sell quickly—but probate can take 9-18 months. The good news? You may be able to sell before probate formally closes if you follow the right legal steps. Here’s what California law allows and how to navigate the process efficiently
Understanding Probate Sales in California
When You Can’t Sell Immediately
- No legal authority to sell until:
- Court appoints executor/administrator
- "Letters Testamentary" are issued
- For small estates (<$184,500), affidavit process may apply
When You Can Start the Sale Process
✔ After court confirms executor authority
✔ Once property is appraised
✔ When notice of proposed sale is filed
3 Ways to Sell an Inherited House During Probate
1. Traditional Probate Sale (Slowest)
- Court-supervised process
- Takes 6-12 months after petition
- Requires multiple hearings
2. Private Sale Petition (Faster Option)
- File "ex parte" petition for early sale
- Court may approve if:
- Property is deteriorating
- Mortgage payments are due
- Heirs agree to terms
3. Cash Sale to Investor (Fastest Path)
- Can close in 30-60 days after court approval
- No repairs/showings needed
- Certainty of closing (no financing contingencies)
The Step-by-Step Probate Sale Timeline
- File Petition for Probate (Days 1-30)
- Court Appoints Executor (Days 30-60)
- Get Property Appraised (Days 60-90)
- File Petition to Sell (Days 90-120)
- Obtain Court Approval (Days 120-150)
- Close Sale (Days 150-180)
Cash buyers can often compress steps 4-6 into 30 days
Why Cash Buyers Help With Probate Sales
Companies like Semi Homes specialize in inherited properties by:
✅ Working with probate attorneys to expedite sales
✅ Purchasing as-is (no cleanout/repairs needed)
✅ Offering flexible closing to match court dates
✅ Providing all-cash offers that satisfy courts
Key California Probate Considerations
- Homestead Exemptions Don’t apply to inherited properties
- Capital Gains Tax basis steps up to date-of-death value
- Creditors Must be paid before heirs receive proceeds
Find What It's Like Working with Semi Homes
Frequently Asked Questions
Can all heirs agree to sell before probate?
No—even with unanimous agreement, court approval is required unless the estate qualifies as "small" (<$184,500).
How much does probate cost in California?
Typical fees:
- Attorney: 4,000−10,000
- Executor: 4% of first $100K, then reduced percentages
- Court costs: 1,000−2,500
What if the house has a mortgage?
Lenders typically won’t allow assumption—the loan must be paid off at sale. Cash buyers handle this seamlessly.
Can I live in the house during probate?
Yes, but you may need court approval and must maintain the property.
How fast can Semi Homes close?
We’ve closed probate sales in 30 days after court approval—3x faster than traditional buyers.
Need to Sell an Inherited Property Quickly?
If you’re dealing with:
- Probate delays
- Mortgage payments coming due
- Vacant property costs
- Family disputes over the home
Semi Homes can:
- Make a cash offer within 24 hours
- Work with your probate attorney
- Close on the court’s timeline
- Buy in any condition
Contact us today for a no-obligation consultation about your inherited property. We’ll explain exactly how the process works and what to expect.