When a family member dies and leaves a house behind, the questions come quickly. Who can sell it? How long will it take? What will it cost? What if a sibling won’t agree?
This page collects the questions California families ask most about probate real estate, with short, direct answers. Each answer links to a detailed guide when you need more.
This page is general information, not legal or tax advice. Every estate is different, and a probate attorney can explain how the rules apply to yours.
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California Probate Real Estate Frequently Asked Questions
Prefer to listen? This short audio summary answers common questions about California probate real estate. Learn who has authority to sell an estate property, why an Inventory and Appraisal may be required, whether repairs are necessary, and how mortgages, liens, taxes, tenants, and title issues can affect the transaction.
The audio also explains how a traditional listing compares with a direct as-is sale, when a Notice of Proposed Action or court confirmation may apply, and what happens to the proceeds after closing. Listen for a straightforward overview, then read the complete FAQ for additional information about California probate property sales.
Audio length: Approximately 1 minute
Presented by: EZ Casa Buyer
Topic: California probate real-estate frequently asked questions
Jump to a topic: Basics · Who Can Sell · Timing · Costs · The Sale Process · Condition and Disclosures · Heirs and Family · Mortgages, Liens, and Taxes · Tenants and Occupancy · Trusts and Alternatives · Los Angeles
Probate Basics {#basics}
What is probate?
Probate is the court process for administering a deceased person’s estate. The court appoints someone to gather the property, pay debts, and distribute what’s left to the heirs. When a house is owned in the deceased person’s individual name, it often has to go through probate before it can be sold or transferred. See the California probate process for real property.
Does every house go through probate in California?
No. A house held in a living trust, in joint tenancy, as community property with right of survivorship, or with a recorded transfer-on-death deed can pass without probate. Some estates also qualify for simplified court procedures. See whether all estates go through probate.
How do I know whether the house needs probate?
Check the most recent recorded deed. The deed shows how title was held, and that usually determines the path. A will or trust document on its own doesn’t. A title company or the county recorder can provide a copy.
What happens to the house if there’s no will?
California’s intestate succession laws decide who inherits, and the court appoints an administrator to handle the estate. The state takes property only as a last resort, when no legal heirs can be found. See what happens if there’s no will in California.
Are probate records public?
Generally, yes. Probate filings, including the petition, inventory, and court orders, are typically part of the public court record. Trust administration is generally private, which is one reason some families use living trusts.
Can I handle probate without an attorney?
It’s legally possible, and California courts offer self-help resources. Probate involves strict notice rules, deadlines, and court forms, though, and mistakes can delay the estate or create liability. Most families with real estate in the estate work with a probate attorney.
Who Can Sell {#authority}
Who has the authority to sell a probate house?
The court-appointed personal representative: the executor if there’s a will, or the administrator if there isn’t. Their authority begins when the court issues Letters. See who can sell a probate house in California.
I’m named executor in the will. Can I sell the house now?
Not yet. A named executor has no power to sell until the court appoints them and issues Letters. Before then, you can pay funeral expenses and take steps to protect the property.
Can I use my parent’s power of attorney to sell the house?
Generally, no. A power of attorney ends when the person dies. The former agent can petition to be appointed personal representative, if appropriate, and act in that role.
Do all the heirs have to sign to sell a probate house?
No. During probate, the personal representative signs the sale documents. Heirs receive notice and may object. After the house is distributed to several heirs as co-owners, they generally all must sign.
What if there are two co-executors?
With two co-executors, both generally must agree to act. With three or more, a majority must agree. See can multiple heirs sell a probate property together.
Timing {#timing}
How long does probate take in California?
Often a year or more, depending on the county, the estate’s complexity, and whether disputes arise. Busy courts like Los Angeles can take longer. See how long probate takes in Los Angeles.
Can I sell the house before probate is finished?
Yes. Once Letters issue, the personal representative can usually sell during probate. You don’t have to wait for the case to close. See can you sell a house before probate is complete.
How long does the sale itself take once I have authority?
With full IAEA authority and no objection, the sale generally requires notice to the heirs at least 15 days before the sale date, then a normal escrow. Court confirmation adds weeks for the hearing.
What deadlines should I know about?
Some of the main ones:
- the inventory and appraisal is due within four months after Letters, unless extended,
- creditor notice periods apply, and
- notice must go to heirs before a sale or hearing.
See our probate property sale checklist for the full list.
Costs {#costs}
How much does probate cost in California?
The personal representative and the attorney are each entitled to a statutory fee based on the estate’s gross value. On a $1,000,000 estate, that’s about $46,000 combined, before court costs and sale costs. See probate costs and fees in California real estate.
Why are fees based on the full value of the house and not the equity?
California’s fee schedule uses the gross value of estate property and generally doesn’t subtract mortgages or debts. A heavily mortgaged house can produce fees that are large compared with the equity.
Who pays probate costs?
The estate pays them from estate assets, which reduces what the heirs receive. A family member often advances early filing costs and is reimbursed later.
Can the executor waive their fee?
Yes. Family executors often waive the fee, especially when they’re also heirs. A tax professional can explain the difference between taking a fee, which is generally taxable, and receiving an inheritance.
The Sale Process {#sale}
What is a Notice of Proposed Action?
A form the personal representative sends to heirs before taking certain actions, like selling real estate, under full IAEA authority. Heirs have at least 15 days to object. If no one objects, the sale can proceed without a court hearing.
What is court confirmation?
A hearing where a judge reviews and approves a probate sale. It’s required when the representative has limited authority, when an heir objects, or when the representative chooses it. See how court confirmation affects probate home sales.
What is overbidding?
At a confirmation hearing, other buyers can bid more than the accepted offer. The first overbid must be at least 10 percent more on the first $10,000 and 5 percent more on the rest. The court confirms the sale to the highest qualified bidder.
Is there a minimum price in a probate sale?
In court-confirmed sales, the price generally must be at least 90 percent of the probate referee’s appraised value, based on an appraisal made within one year before the hearing. Full-authority sales have no statutory minimum, but the representative must still act in the heirs’ best interest.
What is a probate referee?
A court-appointed appraiser who values the estate’s non-cash assets, including real estate. The fee is one-tenth of one percent of the appraised value, with a $75 minimum and $10,000 maximum per estate.
Can a cash buyer purchase a probate house?
Yes. Probate rules still apply: Letters, notice to heirs, and court confirmation when required. See can a cash buyer purchase a probate property.
What documents will I need to sell?
At minimum: death certificates, certified Letters, the Order for Probate, the recorded deed, your ID, and the estate’s tax ID number. Tax, disclosure, and tenant documents often follow. See what documents are needed to sell a probate property.
Condition, Disclosures, and Repairs {#condition}
Can I sell a probate house as-is?
Yes. Many probate houses are sold without repairs. As-is doesn’t cancel disclosure duties or stop buyers from inspecting. See how to sell a probate property as-is.
Do I have to fill out a Transfer Disclosure Statement?
Usually not. Most probate sales are exempt from the standard Transfer Disclosure Statement. Other disclosures, like the federal lead-based paint disclosure for homes built before 1978, can still apply. Known material problems shouldn’t be hidden.
Should I fix the house before selling?
Sometimes. Compare the as-is value with the after-repair value minus repair and carrying costs. See how to handle repairs before selling a probate house.
Can I sell a house with code violations?
Yes. Open violations don’t prevent a sale, but they must be disclosed, and buyers generally take the property subject to recorded orders. Ignored notices can turn into fees and liens. See selling a probate property with code violations.
What about the belongings in the house?
They’re estate property until distribution. Check the will for specific gifts, document valuable items, and don’t let heirs remove things informally. Some buyers will purchase the house with belongings still inside.
Heirs and Family {#heirs}
Can one heir stop the sale?
Generally, not permanently. An heir can object to a Notice of Proposed Action, which sends the sale to court confirmation. The judge then decides. See what happens if an heir refuses to sell a probate property.
Can one heir buy out the others?
Yes. A buyout usually starts with an independent appraisal. If the buying heir is also the executor, court approval and written consent from the affected heirs are generally required.
Can the executor buy the house?
Only with court approval, generally after every affected heir and beneficiary consents in writing and the purchase is shown to benefit the estate.
What if a sibling is living in the house and won’t leave?
The personal representative has the right to take possession of estate property when it’s needed for administration, and the occupant must surrender it on request. If they won’t, the estate’s attorney can pursue the proper legal process.
What happens if heirs can’t agree after the house is distributed?
Once heirs own the house together, any co-owner can generally ask a court for a partition. Under California law, the other owners get a chance to buy out a co-owner who requests a sale, before the court orders one.
Mortgages, Liens, and Taxes {#money}
What happens to the mortgage when the owner dies?
The loan stays attached to the house, and the estate is responsible for it. Heirs who didn’t sign the loan generally aren’t personally liable. See what happens to the mortgage on a probate property.
Can the lender foreclose during probate?
Yes, if payments stop. Probate doesn’t pause foreclosure, though federal and California rules require time and notice. Keeping payments current protects the equity.
Can an heir keep the house and the existing mortgage?
Often, yes. Federal law generally stops lenders from calling a loan due just because a house passed to a relative after the borrower’s death. The heir still has to make the payments.
What happens to liens when the house sells?
Mortgages, tax liens, and recorded code enforcement liens are generally paid through escrow from the sale proceeds before the estate receives the balance.
Will the property taxes go up after the death?
They may. Inherited property can be reassessed, which can lead to supplemental tax bills. Parent-to-child transfers have limited protections under Proposition 19, including a requirement that the child live in the home as a primary residence. Talk to the county assessor and a tax professional.
Do heirs pay capital gains tax when the house sells?
Inherited property generally receives a tax basis equal to its value at the date of death, which often reduces or eliminates gain on a sale soon after the death. Every situation is different, so talk to a tax professional before the sale.
Will California withhold taxes at closing?
California requires withholding on many real estate sales unless an exemption applies. One exemption covers property that was the deceased person’s principal residence when sold by the estate or trust. Escrow will help with the form.
Tenants and Occupancy {#occupancy}
What happens to tenants when the owner dies?
Leases generally continue, and the estate steps into the landlord’s role. Tenant protection laws still apply. See selling a probate property with existing tenants.
Can I make tenants move out so I can sell?
Not simply because the estate is selling. Protected tenancies require a legal reason to end them, often with relocation assistance. Voluntary move-out agreements are another option.
Can I live in the house during probate?
Possibly, but it’s the personal representative’s decision, not an automatic right for any heir. An heir living there may owe the estate fair rent, and must leave when the estate needs the property for sale. Put any arrangement in writing.
Can the estate rent out the house during probate?
Often, yes. A personal representative can generally lease estate property, though longer leases may require notice to heirs or court approval. A new lease can affect the sale, so plan ahead.
What should I do with a vacant probate house?
Secure it, notify the insurer, maintain the yard, and check on it regularly. In Los Angeles, consider the LAPD Trespass Arrest Authorization. See how to sell a vacant probate property in Los Angeles.
Trusts and Alternatives {#trusts}
How is selling a trust property different from a probate property?
A successor trustee generally sells without court involvement, Letters, or overbidding. Trustees still owe duties to the beneficiaries. See probate property vs. trust property in California.
My parent had a trust. Why does the house need probate?
Usually because the house was never transferred into the trust, or was taken out during a refinance and not put back. A court petition, often called a Heggstad petition, or probate may be needed.
What is the 120-day trust notice?
After a trust becomes irrevocable at death, the trustee must notify beneficiaries and heirs, generally within 60 days. Recipients generally have 120 days to contest the trust.
What if the deceased owned property in another state?
Property in another state is generally handled under that state’s rules, which may require a separate probate there, often called ancillary probate. Ask your attorney early if the estate owns out-of-state real estate.
Los Angeles {#la}
Where are probate cases heard in Los Angeles County?
Most Los Angeles County probate matters are heard at the Stanley Mosk Courthouse downtown. Court staff review files before hearings and post notes that generally must be cleared in advance.
What does the City of Los Angeles do about vacant or neglected houses?
LADBS can issue orders to abate vacant structures. Failing to submit and follow the required Statement of Intent can lead to fines of up to $1,000 per day. Unresolved code orders can become liens.
Are there extra transfer taxes when selling in the City of Los Angeles?
Yes. In addition to county transfer tax, the City of Los Angeles charges its own documentary transfer tax. Measure ULA adds another tax on sales above set thresholds, which adjust over time. Escrow will calculate the exact amounts.
Still Have a Question?
For the complete process, start with our probate property sale checklist. To avoid common problems, see how to avoid common mistakes when selling a probate property.
If you’re ready to talk about a specific property, whether it’s in probate, in a trust, vacant, occupied, or in need of work, we’re glad to listen and give you a straight answer. If listing with an agent looks like the better fit, we’ll tell you.
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