Serving as executor or administrator means managing a court process, a house, a family, and a series of deadlines, often all at once and often from a distance. This checklist puts the whole process in one place, from the first days after a death through the final distribution of sale proceeds.
Each item includes:
- why it matters,
- the deadline or timing, where one applies, and
- a link to the detailed guide.
Work through it with the estate’s attorney. Some items are the attorney’s job, and many are yours.
Download the printable PDF version (placeholder for PDF link)
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How to Use This Checklist
- Go in order, stage by stage. Some items overlap, but earlier stages generally must be done before later ones.
- Mark items that don’t apply as “N/A.” Not every estate has tenants, a mortgage, or code violations.
- Write dates next to each completed item. They help with the court accounting and with any heir questions later.
- Deadlines shown are general. Your attorney will confirm the exact dates for your case, and courts can sometimes extend them.
California Probate Property Sale Checklist
Prefer to listen? This short audio summary presents a practical California probate property sale checklist. Learn why an executor or administrator should confirm their legal authority, review the court-issued Letters, complete the Inventory and Appraisal, investigate mortgages and liens, and gather important property documents before accepting an offer.
The audio also explains how to compare a traditional listing with a direct as-is sale, prepare any required Notice of Proposed Action, determine whether court confirmation applies, and properly handle the proceeds after closing. Following an organized process may help the estate avoid preventable delays and prepare accurate records for the probate accounting.
Audio length: Approximately 1 minute
Presented by: EZ Casa Buyer
Topic: California probate property sale checklist
Quick Answer: The Deadlines That Matter Most
| Deadline | Timing |
|---|---|
| Deliver the original will to the court | Generally within 30 days after learning of the death |
| Inventory and appraisal | Within 4 months after Letters are first issued, unless extended |
| Notice to known creditors | Generally within 4 months after Letters, or within 30 days of discovering a creditor |
| Notice of Proposed Action before a sale (full IAEA authority) | At least 15 days before the sale date |
| Notice of a court confirmation hearing | At least 15 days before the hearing |
| Petition for final distribution, or a status report | Generally within 1 year after Letters (longer if a federal estate tax return is required) |
Stage 1: The First Days (Before Probate Is Opened)
Before the court appoints you, a named executor can only pay funeral expenses and take steps to maintain and protect the property. Hold off on anything binding.
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Get multiple certified copies of the death certificate | Banks, insurers, title companies, and the court all require them | As soon as available | None |
| ☐ | Locate the original will and any trust documents | They determine who serves and how the house passes | Immediately | Probate vs. trust property |
| ☐ | Deliver the original will to the probate court clerk | California requires the custodian to deliver it | Generally within 30 days after learning of the death | California probate process |
| ☐ | Pull the current recorded deed | The deed, not the will, shows whether the house is in a trust, joint tenancy, or the decedent’s name | First week | Do all estates go through probate? |
| ☐ | Secure the house: change locks, collect keys | Vacant houses attract break-ins and squatters | Immediately | Probate sale mistakes |
| ☐ | Notify the homeowners insurer of the death and vacancy | Many policies limit coverage for vacant homes | Immediately | Selling as-is |
| ☐ | Forward or stop mail; collect notices at the property | City notices and bills often go unopened after a death | First week | Code violations |
| ☐ | Find the mortgage statement and contact the servicer | Payments continue; early contact protects the estate’s options | First 2–3 weeks | Mortgage on a probate property |
| ☐ | Identify tenants and gather leases, if the property is rented | Leases survive the owner’s death | First 2–3 weeks | Probate property with tenants |
| ☐ | Ask heirs not to remove belongings | Personal property belongs to the estate until distribution | Immediately | Probate sale mistakes |
| ☐ | Keep receipts for everything you pay | You can seek reimbursement from the estate later | Ongoing | Probate costs and fees |
Stage 2: Opening Probate
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Hire a probate attorney | Probate is a court process with strict rules | Early | California probate process |
| ☐ | Confirm whether full probate is required | Some estates qualify for simplified procedures | Before filing | Do all estates go through probate? |
| ☐ | File the petition for probate | Starts the case and requests your appointment | As soon as practical | Who can sell a probate house |
| ☐ | Request full authority under the IAEA | Lets you sell without a court hearing if no heir objects | In the petition | Heir refuses to sell |
| ☐ | Publish notice of the petition | Required notice to the public and creditors | Before the hearing, per the attorney’s schedule | Probate costs and fees |
| ☐ | Mail notice of the hearing to heirs and beneficiaries | Required by law | At least 15 days before the hearing | None |
| ☐ | Arrange a bond, if required | Protects the estate; often waived in wills | Before Letters issue | Who can sell a probate house |
| ☐ | Attend or confirm the appointment hearing | The court appoints the personal representative | Per the court calendar | None |
| ☐ | Receive Letters and order certified copies | Letters prove your authority; title and banks require them | After the order | Who can sell a probate house |
Stage 3: Taking Control After Letters Issue
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Get an EIN for the estate from the IRS | Needed to open an estate bank account | Right after Letters | None |
| ☐ | Open an estate bank account | Keeps estate money separate from yours | Right after Letters | Probate sale mistakes |
| ☐ | Send the servicer your Letters; ask for payoff and loan status | Confirms you as the person handling the loan | Right after Letters | Mortgage on a probate property |
| ☐ | Decide how the mortgage, taxes, and insurance will be paid | Missed payments shrink equity and can lead to foreclosure | Right after Letters | Mortgage on a probate property |
| ☐ | Put any heir advances in a written agreement | Prevents reimbursement disputes later | Before money changes hands | Repairs before selling |
| ☐ | Tell tenants in writing who to pay and how | Rent often stops when tenants don’t know where to send it | Right after Letters | Probate property with tenants |
| ☐ | Collect leases, rent records, and deposit records, or tenant estoppel certificates | Buyers and escrow need them; deposits must be handled at closing | First 30–60 days | Probate property with tenants |
| ☐ | Search city records for open code cases and permits | Unanswered violations can become fees and liens | First 30 days | Code violations |
| ☐ | Contact any enforcement agency and request time if needed | Agencies often work with estates that communicate | As soon as notices are found | Code violations |
| ☐ | Order a preliminary title report | Shows liens, recorded notices, and title issues early | First 30–60 days | Mortgage on a probate property |
| ☐ | Inventory personal property and document valuables | Belongings are estate assets | First 30–60 days | Selling as-is |
Stage 4: Court and Administrative Deadlines
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Mail notice to known creditors | Starts creditors’ claim deadlines | Generally within 4 months after Letters, or 30 days after discovering a creditor | California probate process |
| ☐ | Send notice to the Department of Health Care Services if required | The state may have a Medi-Cal recovery claim | Per the attorney’s schedule | None |
| ☐ | Give the probate referee access to the property | The referee appraises the house for the inventory | Early in administration | Probate costs and fees |
| ☐ | File the inventory and appraisal | Required by law; delays can lead to court action | Within 4 months after Letters, unless extended | Probate sale mistakes |
| ☐ | File the change-in-ownership statement with the county assessor | Required after a death; the inventory filing must certify it | Ask the attorney; file early | Probate sale mistakes |
| ☐ | Calendar the creditor claim period | Debts are generally resolved before distribution | Generally 4 months after Letters | California probate process |
| ☐ | Ask a tax professional about the decedent’s final returns and estate income tax returns | Rent, interest, and sale activity can create filing obligations | Per tax deadlines | Probate costs and fees |
Stage 5: Deciding What to Do With the House
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Confirm what the will says about the house | A specific gift or a direction to sell changes the plan | Early | Mortgage on a probate property |
| ☐ | Ask whether any heir wants to keep or buy the house | Buyouts and distributions have their own steps | Early | Multiple heirs selling together |
| ☐ | If you want to buy it yourself, get written consents and court approval | The law restricts purchases by the representative | Before any agreement | Probate sale mistakes |
| ☐ | Get an independent value estimate | The referee’s appraisal is a date-of-death value, not a pricing strategy | Before pricing | Selling as-is |
| ☐ | Compare selling as-is against repairing and listing, using net numbers | Repairs don’t always pay off | Before committing funds | Repairs before selling |
| ☐ | Estimate total costs: fees, sale costs, carrying costs | Helps set realistic expectations for heirs | Before deciding | Probate costs and fees |
| ☐ | Confirm co-executors agree, if there are any | Two co-executors must both agree; three or more need a majority | Before listing | Multiple heirs selling together |
| ☐ | Share the plan with the heirs in writing; request consents | Prevents objections and surprises | Before listing | Heir refuses to sell |
| ☐ | Resolve occupancy by an heir or tenant | Affects price, showings, and timing | Before listing | Heir refuses to sell |
Stage 6: Preparing the Property
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Fix active hazards and stop ongoing damage | Protects the asset and reduces liability | As soon as found | Repairs before selling |
| ☐ | Decide on and document the cleanout plan | Clearing belongings improves how the house shows; some buyers accept items left inside | Before listing | Selling as-is |
| ☐ | Correct minor code issues, if cost-effective | Stops fees and may widen the buyer pool | Before listing | Code violations |
| ☐ | Use licensed contractors for jobs of $1,000 or more, or any job needing a permit | Required by California law | Before hiring | Repairs before selling |
| ☐ | Keep contractor down payments to $1,000 or 10%, whichever is less | California’s home improvement limit | At contract signing | Repairs before selling |
| ☐ | Pull permits and get final inspections | Unpermitted work creates new disclosure problems | During repairs | Repairs before selling |
| ☐ | Collect lien releases with each payment | Unpaid subcontractors can record liens | With each payment | Repairs before selling |
| ☐ | Keep the heirs updated on repair spending | Surprises cause disputes | Every few weeks | Repairs before selling |
| ☐ | Save all invoices, permits, and photos in one folder | Supports the accounting, reimbursements, and disclosures | Ongoing | Repairs before selling |
Stage 7: Marketing and Accepting an Offer
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Choose a sale route: listing, direct sale, or heir buyout | Each affects price, time, and costs differently | Before marketing | How to sell an inherited house in probate |
| ☐ | Have the attorney review the listing agreement | Probate sales need probate-specific terms | Before signing | Probate sale mistakes |
| ☐ | Prepare disclosures, including the Exempt Seller Disclosure if used | The TDS is usually exempt, but known problems shouldn’t be hidden | Before accepting an offer | Selling as-is |
| ☐ | Provide the lead-based paint disclosure for homes built before 1978 | Probate sales aren’t exempt from the federal rule | Before the buyer is bound | Selling as-is |
| ☐ | Disclose known code violations and give copies of notices | Buyers generally take the property subject to recorded orders | Before accepting an offer | Code violations |
| ☐ | If tenants live there, send written notice that the property is for sale | Allows oral notice of showings for 120 days afterward | Before showings | Probate property with tenants |
| ☐ | Give proper notice before each showing (24 hours is presumed reasonable) | Tenant entry rules continue to apply | Before each showing | Probate property with tenants |
| ☐ | Have the attorney review the purchase contract | Terms must fit the Notice of Proposed Action or court confirmation | Before signing | Heir refuses to sell |
| ☐ | Keep records of marketing, offers, and counteroffers | Shows the price was fair if anyone objects | Ongoing | Heir refuses to sell |
Stage 8: Probate Approval, Escrow, and Closing
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Full authority: serve the Notice of Proposed Action | Required before a sale without court supervision | At least 15 days before the sale date | Heir refuses to sell |
| ☐ | Collect signed consents or waivers from agreeing heirs | Can allow the sale to proceed without waiting out the full notice period | During the notice period | Heir refuses to sell |
| ☐ | If an heir objects, or you have limited authority: petition for court confirmation | An objection requires court supervision | Promptly after an objection | Heir refuses to sell |
| ☐ | Confirm the offer is at least 90% of the referee’s appraised value (court confirmation) | Required for the court to confirm | Before the hearing | Heir refuses to sell |
| ☐ | Mail notice of the confirmation hearing | Required notice to interested persons | At least 15 days before the hearing | Heir refuses to sell |
| ☐ | Prepare for possible overbids at the hearing | Other buyers can bid more than your accepted offer | At the hearing | Heir refuses to sell |
| ☐ | Open escrow and provide Letters (or the court order) to title | Title needs proof of authority | At contract | Who can sell a probate house |
| ☐ | Request payoff demands for the mortgage and other liens | Liens are paid through escrow | Early in escrow | Mortgage on a probate property |
| ☐ | Handle security deposits and rent prorations for tenants | Deposits must be transferred with notice or returned | At closing | Probate property with tenants |
| ☐ | Confirm code liens and fees are paid or accounted for | Recorded liens are usually paid through escrow | Before closing | Code violations |
| ☐ | Sign the deed as personal representative and close | You sign for the estate, not the heirs | At closing | Who can sell a probate house |
Stage 9: After Closing Through Final Distribution
| ☐ | Task | Why | Timing | Learn more |
|---|---|---|---|---|
| ☐ | Deposit sale proceeds into the estate account | Keeps the accounting clean | At closing | Probate sale mistakes |
| ☐ | Cancel insurance and utilities; notify the assessor if needed | Stops carrying costs after the sale | Right after closing | None |
| ☐ | Pay valid creditor claims and estate expenses | Generally required before distribution | After the claim period | Probate costs and fees |
| ☐ | Reimburse documented heir advances, per written agreements | Clear records prevent disputes | Before or at distribution | Repairs before selling |
| ☐ | Work with a tax professional on estate and final returns | The sale and income may create tax filings | Per tax deadlines | Probate costs and fees |
| ☐ | Ask the attorney whether a preliminary distribution is possible | Heirs may receive part of their share earlier in some cases | After the creditor period | Probate sale mistakes |
| ☐ | Prepare the final accounting, or get heirs’ waivers of accounting | Shows every dollar in and out | Before final distribution | Probate costs and fees |
| ☐ | Decide whether to take or waive your executor fee | Fees are taxable income; inheritances usually aren’t | Before the final petition | Probate costs and fees |
| ☐ | File the petition for final distribution, or a status report | Required to close the estate | Generally within 1 year after Letters, longer if a federal estate tax return is required | California probate process |
| ☐ | Distribute assets per the court order and get signed receipts | Protects you when you’re discharged | After the order | None |
| ☐ | Request discharge as personal representative | Formally ends your role | After distribution | None |
If the House Is in a Trust Instead
If the house was held in a living trust, most of Stages 2, 4, and 8 work differently. There’s no probate petition, referee appraisal, or court confirmation. The successor trustee generally:
- serves a trustee notification on beneficiaries and heirs within 60 days,
- sells under the trust’s terms, and
- distributes without court approval, unless a dispute goes to court.
See probate property vs. trust property in California.
Southern California Notes
- Los Angeles County probate is centralized, and hearing dates can be weeks or months out. Build that into your timeline.
- City of Los Angeles: Code enforcement noncompliance fees can include a 250 percent late charge and 1 percent monthly interest before becoming a lien.
- Rent control and just-cause rules in Los Angeles, Burbank, and other cities can affect tenant-occupied sales.
- Older housing stock: Many homes were built before 1978, so the lead-based paint disclosure applies to most.
How EZ Casa Buyer Can Help
If you reach Stage 5 and want a firm as-is number to compare against repairing and listing, we can provide a written offer. We follow probate procedure on every purchase, including the Notice of Proposed Action and court confirmation. We never ask anyone to sign before they have authority.
We buy probate properties in current condition throughout Southern California, including homes with tenants, code violations, or belongings left inside. If a traditional listing is likely to net the estate more, we’ll tell you.
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Frequently Asked Questions
How long does it take to sell a probate property in California?
It depends on when Letters issue, whether court confirmation is needed, and the property’s condition. The overall probate often takes a year or more, especially in busy counties.
What’s the first thing an executor should do?
Secure the property, find the will and deed, deliver the original will to the court, and contact an attorney. Don’t sign anything binding until Letters issue.
Which steps can the executor do without an attorney?
Many practical steps: securing the house, gathering documents, contacting the insurer and servicer, and organizing records. Court filings and notices are usually best handled by the attorney.
What happens if I miss a deadline?
Some deadlines can be extended by the court. Others can delay the estate, add costs, or expose you to court action. Tell the attorney as soon as you notice a missed date.
Do I need to finish every item before selling?
No. Many items overlap. But you need Letters and the proper notice or court approval before the sale can close.
Is there a printable version of this checklist?
Yes. Download the PDF at the top of this page.
Does this checklist apply to trust property?
Partly. Property-protection and preparation steps apply, but trusts generally skip probate’s court steps. See our probate vs. trust comparison.
Where to Go From Here
A probate sale is a series of manageable steps. Take them in order, keep records, and don’t sign anything binding before you have authority.
To avoid the most common problems, see how to avoid common mistakes when selling a probate property. For costs, see probate costs and fees in California real estate.
When you’d like to talk through the property and where the estate stands, we’re here.