California probate home sale timeline

Not legal advice. This is general information based on the California Probate Code and California Courts materials. Every estate is different. Talk to a California probate attorney before you sell.

Short answer: In California, a house in probate is sold by the court-appointed personal representative (executor or administrator). How the sale works depends on the authority the court grants. With full authority under the Independent Administration of Estates Act (IAEA), the representative can usually sell without court confirmation after giving heirs a Notice of Proposed Action at least 15 days in advance. With limited authority or no IAEA authority, the sale must be confirmed by the court, where other buyers may overbid. The Probate Code doesn't set one overall timeline, so how long it takes depends on the court, the estate, and whether anyone objects.

Who can sell a house in probate?

Short answer: The personal representative named by the court.

The court issues Letters (testamentary or of administration) to the personal representative. The California Courts Self-Help Center explains the formal probate process and the representative's duties. Until Letters are issued, nobody has authority to sell estate real property through probate.

Step-by-step: how does the sale proceed?

1. Appointment and Letters
The court appoints the representative and issues Letters. Timing depends on the court's calendar.

2. Inventory, appraisal, and notices
Per the Judicial Council's Duties and Liabilities of Personal Representative (DE-147), the representative must file an inventory and appraisal within four months after Letters are first issued, and must mail a notice of administration to known creditors within four months of appointment. Unless waived, a court-appointed probate referee values the property.

3. Creditor claim period
A creditor must file a claim by the later of four months after Letters are first issued or 60 days after notice of administration is mailed or delivered to that creditor (§9100). That period runs in parallel with the sale steps, but it affects when the estate can be closed and distributed.

4a. Selling with full authority: Notice of Proposed Action

• Required before selling real property without court supervision (§§10510, 10580).
• It must state the material terms, including sale price and broker commission (§10585).
• It must be delivered at least 15 days before the date on or after which the action will be taken (§10586).
• If someone objects, the representative needs court supervision to proceed.
• When the representative sells under IAEA authority, court-confirmation requirements such as publication, the 90% rule, and court approval of commissions don't apply (§10503).

How long does a California probate home sale take?

There's no single statutory timeline. The fixed waiting periods in the code include the four-month inventory deadline, the creditor claim period (§9100), and the 15-day notice (§10586). Court calendars, objections, overbids, and property condition all affect timing. Ask your attorney for a realistic schedule for your county.

Is selling as-is to a cash buyer allowed?

Probate property can be sold to any buyer, but the same rules apply: notice under full authority, or court confirmation with the 90% rule and overbids. Ask your attorney how an offer fits those rules.

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Related: Selling an inherited house in Ventura County