You’ve walked through the house and made a list: a roof that leaks over the back bedroom, a water heater near the end of its life, carpet that needs to go, and rooms that haven’t been painted in 25 years. A real estate agent thinks some work could help the sale. The question is how to handle those repairs when the house belongs to an estate, the money belongs to several heirs, and you’re the one who will have to account for every dollar.
Repairs on a probate house are allowed, and sometimes they’re a good idea. They also carry risks that a regular homeowner doesn’t face:
- heirs who object to spending,
- contractors who take deposits and disappear,
- unpermitted work that creates new disclosure problems, and
- a court accounting that has to show where the money went.
This page covers how to plan, pay for, manage, and document repairs so they help the sale and protect you as the personal representative.
Tell Us About Your Property
Should You Make Repairs Before Selling a Probate House?
Prefer to listen? This short audio summary explains how an executor or administrator can evaluate whether to repair a California probate house or sell it as-is. Learn how contractor costs, permits, available estate funds, property condition, holding expenses, timing, and expected net proceeds can affect the decision.
The audio also compares a renovated traditional listing, an as-is listing, and a direct sale without repairs. Listen to the overview below, then read the complete guide for additional information about deciding whether repairs are worthwhile before selling probate property.
Audio length: Approximately 1 minute
Presented by: EZ Casa Buyer
Topic: Repairs before selling a California probate house
Quick Answer
- Wait for Letters for anything beyond basic protection. Before appointment, a named executor can only take steps needed to maintain and protect the estate.
- Repairs generally don’t need court approval. Independent administration authority generally lets a personal representative make repairs and improvements without it. Keeping the heirs informed, in writing, prevents most disputes.
- Know where the money comes from. Repairs are usually paid from estate funds. Heirs can advance money with a written reimbursement agreement. Borrowing against the house generally requires full authority.
- Hire carefully. Use licensed contractors for any job over $1,000 or any job that needs a permit. Keep down payments within California’s legal limits. Get lien releases as you pay.
- Pull permits for work that requires them. Unpermitted repairs create new disclosure problems.
- Keep every record. Contracts, invoices, receipts, permits, and photos support the estate’s accounting.
First, Decide Whether Repairs Make Sense
Not every probate house should be fixed up. Our page on how to sell a probate property as-is covers that decision. In short, repairs tend to make sense when:
- they’re modest in cost and scope,
- they widen the pool of buyers, especially buyers who need financing,
- they remove a safety hazard or stop ongoing damage, and
- the estate has the money and the heirs agree.
Repairs tend not to make sense when:
- the work requires major permits,
- costs are uncertain,
- the estate is short on cash, or
- the heirs are divided.
Before committing, get two numbers:
- a realistic as-is value, and
- a realistic after-repair value, less the repair cost and months of carrying costs.
If the difference is small, the work may not be worth the time and risk.
Step One: Confirm Your Authority to Spend
Before Letters Are Issued
A person named as executor has no power to administer the estate until the court appoints them and issues Letters. Before then, California law allows them to pay funeral expenses and take necessary steps to maintain and preserve the estate.
That covers:
- securing the house,
- shutting off water to stop a leak, and
- tarping a damaged roof.
It doesn’t cover a kitchen remodel. Keep pre-appointment spending to what’s needed to protect the property, and keep receipts.
After Letters: Independent Administration
Most California estates are handled under the Independent Administration of Estates Act (IAEA). It allows a personal representative to take many actions without a court order, and making repairs or improvements to estate property is generally one of them.
That authority doesn’t remove your fiduciary duty. You’re still spending money that belongs to all the heirs, and you’ll still account for it. For large projects, many representatives choose to:
- give the heirs written notice of the plan and budget before starting, and
- ask the heirs to sign a written consent, which makes later objections much harder.
The estate’s attorney can advise whether a formal Notice of Proposed Action makes sense for a particular project.
If You Have Limited Authority
Limited authority mainly affects selling real property and borrowing against it. Ordinary repairs are usually still within your powers. Confirm with the estate’s attorney before any large project.
Step Two: Figure Out How to Pay
Estate Funds
The simplest source is estate cash: bank accounts, investments, or rent from estate property. Pay repair costs from an estate bank account, not your personal account. That keeps the accounting clean.
An Heir Advances the Money
This is common when the estate has a house but little cash. Before an heir pays anything, put the arrangement in writing and have the other heirs sign. The agreement should state:
- how much will be advanced and for what work,
- whether it’s a loan to the estate that gets repaid at closing, possibly with interest, or a credit against that heir’s share, and
- what happens if the house sells for less than expected.
Without a written agreement, an heir who spent $30,000 on repairs may end up arguing with siblings about whether they’re owed anything back.
You Pay Out of Pocket as Executor
The same rules apply. Document the payment, get the heirs’ written acknowledgment, and plan to be reimbursed from the estate. Reimbursement generally shows up in the estate’s accounting.
Borrowing Against the House
Only a personal representative with full authority under the IAEA has the power to borrow money secured by real property. Estate loans for renovation are uncommon, carry costs, and add another lien to pay at closing. Talk to the estate’s attorney before going this route.
Step Three: Hire the Right People
Use Licensed Contractors
In California, an unlicensed person can only do jobs under $1,000 in total labor and materials, with no employees and no permit required. Anything larger, or anything needing a permit, requires a contractor licensed in the right classification.
Before hiring:
- check the license on the Contractors State License Board website (cslb.ca.gov), and confirm it’s active and covers the type of work,
- confirm workers’ compensation coverage if the contractor has employees, and
- ask for proof of liability insurance.
An injured worker or a botched job by an unlicensed contractor can become the estate’s problem.
Get Written Contracts
For home improvement work, California limits the down payment to $1,000 or 10 percent of the contract price, whichever is less. Later payments shouldn’t exceed the value of work completed and materials delivered.
A contractor who asks for half up front is a warning sign, especially when you’re managing the job from a distance.
Get at least two or three written bids for larger jobs. Keep them. They show the heirs, and if needed the court, that you made reasonable choices.
Get Lien Releases
In California, contractors, subcontractors, and material suppliers who aren’t paid can record a mechanics lien against the property, even if you paid the general contractor. A lien can delay the sale until it’s resolved.
Each time you make a payment, ask for a lien release from the contractor, and from major subcontractors and suppliers when possible. Your escrow officer or the estate’s attorney can explain which release forms apply.
Avoid Conflicts of Interest
It’s tempting to hire yourself, a relative, or a friend to do the work. If you do:
- tell the heirs in advance,
- get competing bids to show the price is fair, and
- put the arrangement in writing.
Paying yourself or a family member from estate funds without transparency is one of the most common sources of heir objections. Ask the estate’s attorney whether court approval is advisable.
Step Four: Pull Permits and Finish Inspections
Roofing, electrical panels, water heaters, structural work, additions, and many plumbing jobs require permits in most Southern California cities.
Unpermitted work creates problems you don’t need:
- Buyers and inspectors may spot it.
- Lenders may object.
- The estate will have to disclose it.
Work done without permits during probate can also trigger code enforcement. Our page on selling a probate property with code violations explains how quickly that can escalate.
Before listing:
- confirm every permit has received final inspection sign-off,
- keep copies of permits and final inspections for the disclosure package, and
- ask the contractor for any warranties and transfer them to the buyer where possible.
Step Five: Manage the Work, Even From a Distance
Many executors live outside California or hours from the property. A few habits make remote management work:
- Use a local point person, such as your listing agent, a property manager, or a trusted relative, to let contractors in and check progress.
- Pay by milestone, not by calendar. Release payment when work is done and verified.
- Ask for photos and video at each stage, especially before walls or ceilings are closed.
- Keep the house insured. Tell the insurer the house is vacant and under repair. Vacant homes often need different coverage.
- Secure the property. Materials and tools on site attract theft, and an open house under construction attracts trespassers.
Step Six: Keep the Heirs Informed
Most heir disputes over repairs come from surprise, not disagreement. A short written update every few weeks prevents most of them. Cover:
- work completed and work remaining,
- money spent against budget,
- problems discovered, such as rot or wiring issues found once walls are opened, and
- the expected listing date.
When a repair uncovers a bigger problem, pause and tell the heirs before expanding the budget. If an heir strongly objects to spending, see our page on what happens if an heir refuses to sell a probate property, which covers how disputes are resolved during probate.
Step Seven: Document Everything
Your records serve three purposes:
- The estate accounting. You’ll report expenses to the court or the heirs at the end of probate.
- Reimbursements. Anyone who advanced money needs clear proof.
- The sale. Buyers will want to know what work was done and whether it was permitted.
Keep a single folder, paper or digital, with:
- bids, contracts, and change orders,
- invoices and proof of payment,
- lien releases,
- permits and final inspections,
- before, during, and after photos, and
- written heir consents and updates.
Timing Repairs Around Probate
- Start after Letters issue, except for emergency protection.
- Plan backward from the listing date. Permits and inspections can add weeks.
- Watch carrying costs. Taxes, insurance, utilities, and any mortgage continue during construction.
- Coordinate with court confirmation, if required. The confirmation process uses the probate referee’s appraisal. If substantial improvements are made after that appraisal, ask the estate’s attorney whether an updated value is needed.
Disclosure After Repairs
Repairs don’t reduce disclosure duties. They add to them. Most probate sales are exempt from the standard Transfer Disclosure Statement, but the estate should still share what it knows, including:
- what work was done and by whom,
- whether permits were pulled and finaled,
- known problems that weren’t repaired, and
- any problems discovered during the work.
Being open about repairs usually helps the sale. Buyers trust a property with a clear paper trail.
Common Pre-Sale Repair Decisions
| Item | Typical approach | Why |
|---|---|---|
| Trash, debris, belongings | Clear it out | Low cost, large effect on how the house shows |
| Active roof or plumbing leak | Repair or stop it | Prevents ongoing damage and mold |
| Safety hazards (gas, exposed wiring, broken steps) | Fix | Reduces liability to the estate |
| Paint, carpet, minor fixtures | Sometimes | Modest cost; can help a listing |
| Water heater, smoke/CO detectors, strapping | Often | Frequently required or requested at sale |
| Full kitchen or bath remodel | Rarely | High cost, long timeline, uncertain return |
| Legalizing unpermitted additions | Case by case | Can take months and exceed expectations |
| Foundation or major structural work | Get estimates, then decide | Expensive; often better priced into an as-is sale |
A Southern California Example
This example is hypothetical.
An executor living in Seattle is handling her aunt’s 1950s house in Pasadena. She has full IAEA authority. The estate has about $25,000 in cash. A local agent suggests five items:
- a roof repair,
- a new water heater,
- interior paint,
- carpet removal to expose the original hardwood, and
- a full cleanout.
Her steps:
- She sends the plan and a $22,000 budget to the three heirs. All three sign a written consent.
- She gets three bids for each major item and checks every license on the CSLB website.
- She pays the roofer a $1,000 down payment, then pays in stages as work is completed, collecting a lien release with each payment.
- The roofer pulls a permit and gets final sign-off before listing.
- Her agent sends photos weekly.
When the carpet comes up, the hardwood has water damage in one room. She pauses and tells the heirs. They agree to an extra $2,500 for refinishing. The house lists eight weeks later with a complete folder of permits, invoices, and photos, which she also uses for the final accounting.
Another estate with the same house, but no cash and heirs who disagree, might reasonably sell as-is instead.
When Selling As-Is Makes More Sense
If the repair list keeps growing, the estate lacks funds, the heirs can’t agree, or you simply can’t manage contractors from where you live, selling as-is is a legitimate choice. It isn’t a failure. Our page on how to sell a probate property as-is explains that path.
How EZ Casa Buyer Can Help
Many executors find it useful to compare a repair plan against a firm as-is number before spending anything. We can provide a written offer on the property in its current condition, so you and the heirs can decide whether the repairs are likely to add more than they cost.
A typical process looks like this:
- You tell us about the property and the repairs you’re considering.
- We review the property and where probate stands.
- We may visit the property or ask for more information.
- If the property fits what we buy, we prepare a written as-is offer.
- You compare it with your repair budget and expected listing price, with your attorney and the heirs, without pressure.
- If you decide to sell to us, the sale follows the Notice of Proposed Action or court confirmation process.
- We coordinate closing around the probate timeline.
If the numbers show that repairing and listing will likely leave the estate with more, we’ll tell you.
Request a Property Review
Frequently Asked Questions
Can an executor make repairs to a house in probate?
Yes. After Letters issue, a personal representative can generally make repairs and improvements, and under independent administration usually doesn’t need a court order to do so. Before appointment, a named executor is limited to steps needed to maintain and protect the property.
Do the heirs have to approve repairs?
Not always, legally. Getting written consent for significant spending is still a smart practice, because it protects you from later objections.
Who pays for repairs on a probate house?
Usually the estate, from estate funds. Heirs or the executor can advance money if the estate is short, ideally under a written agreement about reimbursement.
Can I get reimbursed for repairs I paid for myself?
Generally, yes, if the expenses were reasonable and properly documented. Get the heirs’ written acknowledgment and keep all receipts. Reimbursement is typically handled through the estate’s accounting.
Can I borrow money against the house to pay for repairs?
Only a personal representative with full authority under the IAEA has the power to borrow money secured by estate real property. Talk to the estate’s attorney first.
Do I need a licensed contractor?
For jobs of $1,000 or more in total labor and materials, jobs requiring a permit, or jobs involving workers, California requires a licensed contractor. Check licenses at cslb.ca.gov.
How much can a contractor ask for up front?
For home improvement work, the down payment is limited to $1,000 or 10 percent of the contract price, whichever is less.
What’s a mechanics lien, and how do I avoid one?
Unpaid contractors, subcontractors, or suppliers can record a lien against the property. Get lien releases with each payment to reduce that risk.
Can I hire myself or a family member to do the repairs?
It’s possible, but it creates a conflict of interest. Disclose it to the heirs, get competing bids, put it in writing, and ask the estate’s attorney whether court approval is advisable.
Do repairs increase what I have to disclose?
Yes. Disclose the work done, whether it was permitted, and any problems found during the repairs.
Where to Go From Here
Handled carefully, pre-sale repairs can help a probate house sell for more and with fewer surprises. Confirm your authority, sort out the funding in writing, hire licensed contractors, pull permits, keep the heirs informed, and document everything.
For the broader process, see how to sell an inherited house in probate. If repairs don’t add up, selling as-is is a practical alternative.
When you’d like a firm as-is number to compare against your repair plan, we’re here.