When someone dies owning a house, condo, or other real estate in California, that property usually cannot be sold or transferred until the estate goes through some form of legal process. For many families, that means probate. For others, depending on the value of the property and how it was owned, a shorter court procedure may apply instead.
If you were just named executor of a will, appointed administrator by the court, or you’re an heir trying to figure out what happens to a property you inherited, this guide walks through the process from start to finish: what triggers probate, how long it typically takes, who has legal authority to sell the property, and what it costs.
The California Probate Process for Real Property
Prefer to listen? This short audio summary explains what happens to a house, rental property, land, or commercial building during California probate. Learn how the court appoints a personal representative, how the property is identified and appraised, and how mortgages, liens, estate expenses, and creditor claims may affect the real estate.
The audio also explains when probate property may be transferred to beneficiaries or sold, how the representative’s authority affects the sale procedure, and when court confirmation may be required. Listen to the overview below, then read the complete guide for additional information about the California probate process for real property.
Audio length: Approximately 1 minute
Presented by: EZ Casa Buyer
Topic: The California probate process for real property
Quick Answer
Most California estates that include real property must go through probate in the Superior Court, unless the property qualifies for a simplified procedure. As of this writing, a decedent’s primary residence valued at $750,000 or less may qualify for a faster court petition instead of full probate, under Probate Code Section 13151. A full, standard probate typically takes 9 to 18 months, often longer when the estate includes real estate that needs to be sold or when heirs disagree. During that time, a personal representative, either an executor named in the will or an administrator appointed by the court, is given legal authority to manage and eventually sell the property, subject to certain notice and court requirements.
Does Every Property Have to Go Through Probate?
Not always. California offers a few paths, and which one applies depends on how the property was titled and its value.
Property held in a living trust generally avoids probate. If the decedent placed the house into a revocable living trust before death, the successor trustee can typically transfer or sell it without court involvement.
Property held in joint tenancy or with a valid transfer-on-death deed usually passes directly to the surviving owner or named beneficiary without probate.
A primary residence valued at $750,000 or less may qualify for a simplified court petition under Probate Code Sections 13150 through 13158, rather than a full probate proceeding. This threshold applies to deaths occurring on or after April 1, 2025, following changes made by Assembly Bill 2016. This petition still requires a court hearing, an inventory and appraisal of the property, and notice to anyone named in the petition, but it moves faster than standard probate.
Real property other than a primary residence, below a separate, lower value threshold, may qualify for an affidavit procedure under Probate Code Sections 13200 through 13211, which does not require a court hearing. Because this threshold is smaller and updates periodically, confirm the current figure with the Superior Court or an attorney before relying on it.
Everything else, meaning higher-value property, property not held in trust, and estates where ownership or heirs are disputed, generally requires standard, court-supervised probate.
The Standard Probate Process, Step by Step
For estates that require full probate, the process generally follows this sequence.
1. Filing the petition. Someone, usually the executor named in the will or a close family member, files a petition with the Superior Court in the county where the decedent lived. This starts the case and asks the court to appoint a personal representative.
2. Notice to heirs and creditors. California law requires formal notice to heirs, beneficiaries, and known creditors. A notice is also published in a local newspaper so unknown creditors have a chance to come forward.
3. The hearing and appointment. At the first hearing, assuming no one contests the petition, the court appoints the personal representative and issues Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t). These Letters are the legal proof that the representative has authority to act on behalf of the estate.
4. Inventory and appraisal. The personal representative must inventory the estate’s assets, including real property. A court-appointed probate referee typically appraises real estate and other non-cash assets as of the date of death.
5. The creditor claim period. Creditors generally have four months from the date Letters are issued to file a claim against the estate, under Probate Code Section 9100. The representative reviews and either pays or disputes valid claims.
6. Paying debts, taxes, and expenses. Before heirs receive anything, the estate typically pays outstanding debts, property taxes, mortgage payments if the property is being kept, and administration costs.
7. Selling the property, if applicable. If the property needs to be sold, either to pay debts, because multiple heirs can’t agree on keeping it, or because it makes the most sense for the estate, the personal representative’s authority to sell depends on whether they were granted full or limited authority under the Independent Administration of Estates Act, explained below.
8. Final accounting and distribution. Once debts and expenses are paid, the representative files a final accounting with the court and petitions for approval to distribute the remaining assets to the heirs or beneficiaries. Once approved, the estate closes.
The Independent Administration of Estates Act (IAEA)
Standard probate is court-supervised, meaning the personal representative traditionally needed a judge’s approval for most major decisions, including selling real estate. The Independent Administration of Estates Act changed that for most California estates.
Under IAEA, a personal representative can be granted either full authority or limited authority.
With full authority, the representative can sell real property, pay debts, and handle most estate business without a separate court hearing for each action. They still must send a Notice of Proposed Action to heirs and beneficiaries before taking major steps like selling the house, giving them 15 days to object. If no one objects, the sale can proceed without going back to court.
With limited authority, certain actions, most notably selling real property, still require formal court confirmation. This adds a court hearing to the sale process, and in some cases, other buyers can appear at the hearing and outbid the accepted offer, a process known as overbidding. This can extend the timeline and creates some uncertainty around the final sale price.
Whether the representative has full or limited authority is decided at the time of appointment, and it matters. If you’re the executor or administrator, it’s worth confirming early which authority you were granted, since it directly affects how quickly you can move forward with a sale.
How Long Does It Take?
For a standard probate involving real property, the overall timeline usually falls between 9 and 18 months, though more complex estates can take longer. A few factors that commonly extend the timeline:
- The four-month creditor claim period must run its course before the estate can close
- Court hearing dates vary by county, and some Superior Courts have longer scheduling backlogs than others
- If real property must be sold under court confirmation rather than full IAEA authority, the confirmation hearing itself can add 30 to 60 days, and overbidding at the hearing can extend it further
- Disputes among heirs, unclear title history, or unresolved liens on the property can add months
- The simplified primary residence petition under Section 13151, when it applies, typically resolves faster, often within a few months, since it avoids most of the standard probate steps
What Happens to the House While Probate Is Pending
A common question is whether the property sits empty, whether someone can live in it, and who is responsible for it during probate.
The personal representative is generally responsible for maintaining the property, including insurance, property taxes, and basic upkeep, using estate funds. If the mortgage isn’t paid, the lender can still pursue foreclosure even while probate is pending. This is one reason executors often move quickly to understand their options for the property early in the process, rather than waiting until late in the timeline.
An heir who wants to live in the property during probate, or a tenant who is already living there, adds another layer that should be discussed with the personal representative and, where appropriate, an attorney, since occupancy can affect insurance, liability, and eventual sale logistics.
Selling Real Property During Probate: What to Expect
Once the personal representative has the authority to sell, whether through full IAEA authority or court confirmation, the sale itself generally proceeds like any other real estate transaction, with a few differences.
The property is usually sold as-is. Estates rarely have the cash on hand, or the desire, to fund repairs before a sale. Buyers evaluating a probate property typically expect to account for the property’s condition in their offer.
Disclosure obligations still apply, though certain exemptions exist for probate sales depending on the circumstances. A personal representative should not assume that selling through probate removes the need to disclose known material defects. This is an area where an attorney’s guidance is worth getting right.
Title needs to be clear. Liens, unpaid property taxes, or unresolved ownership questions need to be addressed, usually through escrow, before the sale can close.
Multiple heirs can complicate the decision. If several heirs inherit the property together and don’t agree on whether to sell, keep, or rent it, that disagreement can slow the process and sometimes requires mediation or, in more difficult cases, a partition action.
A direct sale to a buyer who purchases as-is is one option some personal representatives and heirs consider, particularly when the property needs significant repairs, when heirs live out of state and want to avoid managing a listing, or when the estate wants a more predictable closing timeline than a traditional retail listing can offer. This isn’t the right fit for every estate. A property in strong condition in a desirable area may net more through a traditional listing, even after repair costs and commissions. The right choice depends on the property’s condition, how quickly the estate needs to close, and what the heirs actually want.
What Probate Costs
California sets statutory fees for both the personal representative and the estate’s attorney under Probate Code Section 10810, calculated as a percentage of the estate’s gross value:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9,000,000
These fees apply separately to the representative and the attorney, meaning both can be paid from the estate at these statutory rates, unless the will specifies otherwise or the parties agree to a different arrangement. Court filing fees, probate referee fees, and publication costs are additional, smaller expenses that vary by county.
For larger estates, or those with real property that has significant value, these percentage-based fees can add up. This is one reason some families explore whether a simplified procedure, like the Section 13151 primary residence petition, might apply before assuming full probate is required.
How EZ Casa Buyer Can Help
Once a personal representative has the legal authority to sell, whether through full IAEA authority or court confirmation, we’re able to work with estates and heirs who want a straightforward option for the property.
We purchase houses in the condition they’re in, including properties with deferred maintenance, unpermitted work, tenants still in place, or personal belongings left behind. We’re familiar with how probate sales work, including the difference between full and limited authority, court confirmation requirements, and the documentation escrow will need from the estate.
We won’t tell you a direct sale is automatically your best option. If the property is in good condition and the heirs have time to manage a traditional listing, that route may net more money. If the priority is a faster, more predictable close without repairs, showings, or the uncertainty of overbidding at a confirmation hearing, a direct sale is worth considering. The right answer depends on your situation.
Tell Us About Your Property
Factors That May Affect an Offer
If you do explore a direct sale, several things typically factor into any offer on a probate property:
- The property’s location and lot size
- Current condition and needed repairs
- Whether the property is vacant, tenant-occupied, or still contains personal belongings
- Any liens, unpaid property taxes, or title issues that need to be resolved
- Whether the personal representative has full authority or will need court confirmation
- Local market conditions and comparable sales
Frequently Asked Questions
Do I need an attorney to handle a California probate?
California does not require an attorney for probate, but many personal representatives choose to work with one, especially when real property, multiple heirs, or unclear authority is involved. An attorney can also help confirm which procedure, full probate or a simplified alternative, applies to your situation.
Can I sell the house before probate is finalized?
Often, yes, once the personal representative has been appointed and has either full IAEA authority or court confirmation for the sale. The estate does not need to be fully closed for the house to sell; the sale proceeds simply become part of the estate to be distributed later.
What if there’s no will?
If the decedent died without a will, the estate is distributed according to California’s intestate succession laws, and the court appoints an administrator rather than confirming an executor. The property still generally goes through probate unless it qualifies for a simplified procedure or was held in a way that avoids probate entirely.
What happens if multiple heirs inherit the same property and disagree about selling?
This is common with inherited property. Heirs can try to reach an agreement, such as one heir buying out the others, or selling and dividing the proceeds. When agreement isn’t possible, a partition action may be necessary, which is a separate court process and can extend the timeline significantly.
Does the mortgage still need to be paid during probate?
Yes. If there’s a mortgage on the property, the lender can pursue foreclosure regardless of the probate case if payments stop. The personal representative is generally responsible for keeping the mortgage current using estate funds, or addressing it directly with the lender.
How is the property’s value determined for probate?
A court-appointed probate referee typically appraises real property as of the date of death. This appraised value is used for the estate inventory, statutory fee calculations, and tax basis purposes.
Can a property with code violations or fire damage still go through probate and be sold?
Yes. Probate doesn’t require the property to be in any particular condition. Personal representatives regularly sell properties with deferred maintenance, code violations, or damage, either through a traditional as-is listing or a direct sale.
What is the difference between an executor and an administrator?
An executor is named in the decedent’s will and confirmed by the court. An administrator is appointed by the court when there’s no will, or when the named executor is unable or unwilling to serve.
How long do creditors have to make a claim against the estate?
Generally four months from the date the court issues Letters to the personal representative, under Probate Code Section 9100.
Is probate public record?
Yes. Probate filings, including the estate’s assets and the identity of heirs, become part of the public court record.
Final Thoughts
Probate can feel overwhelming when you’re also grieving and managing a property you may never have expected to inherit. Understanding the process, what triggers it, how authority to sell works, and roughly how long it takes, makes the decisions ahead easier to think through clearly.
If you’re at the point where you have authority to sell and want to understand what a direct sale might look like for your specific property, we’re glad to talk through it with no pressure and no obligation.