Do I Need Court Approval to Sell a House in Probate?

Watch Video

Not necessarily. In California, it depends on the authority the court gave the executor or administrator.

Full authority: usually no court hearing for the sale

When the court grants full authority under California's Independent Administration of Estates Act, the executor can usually sell the house without a court hearing. Instead, they send a Notice of Proposed Action to the heirs and beneficiaries.

The notice gives them at least 15 days to object.
If no one objects, the sale can move forward.
If someone objects, the executor has to go through the court for that sale.

Limited authority: court confirmation is required

With limited authority, the sale of the house must be confirmed by the court. That means:

A court hearing is scheduled.
The sale price must be at least 90% of the appraised value.
At the hearing, other buyers can come to court and bid more (this is called an overbid).

Court confirmation takes more time, so it's important to plan for it.

How do you know which one you have?

Look at the court papers that appointed the executor or administrator (called Letters). Your probate attorney can tell you for sure.

Either way, I've sold homes both ways, and I'll explain each step so there are no surprises.

I'm not an attorney and can't give legal advice. I work alongside executors and their attorneys to sell the home and keep things moving.

How Do I Know I'm Getting a Fair Price for a Probate Property?

It's one of the biggest worries executors have. A professional appraisal is the best place to start. Here's what else helps.

What Happens If the Person Who Passed Still Had a Mortgage?

A mortgage doesn't go away when someone passes. Keep up the payments, insurance and taxes. When the home sells, the loan is paid off.

Should I Clean Out the House Before Selling It?

Not always. Before spending money on hauling and cleaning, figure out how the home will be marketed. Here's how to decide.

What Happens If the Family Doesn't Agree on Selling the House?

Family disagreements are common when settling an estate. Some want to keep and rent the home; others want the money. Here's what can help.

Can I Sell a House in Probate Without Making Repairs?

Yes. Many probate homes sell as-is. Here's why many executors choose it, and what to think about before spending money on repairs.

How Do I Know If My Mom's Home Has to Go Through Probate?

A will alone doesn't keep a home out of probate. Here are the common ways a California home can pass, and when probate is usually needed.

The House Wasn't in the Trust. Does It Have to Go Through Probate?

If a parent's home was never moved into their living trust, probate may not be the only option. Here's what a Heggstad petition is, in plain words.

A Family Member Passed and Their House Is in Foreclosure. Now What?

What my family did when we learned, a year later, that my sister had passed and her home was in foreclosure. Plain-language steps.

No Will, No Trust: What Happens When a Family Member Passes?

When someone passes with no will and no trust, California law decides who inherits. Here's what my family of five siblings went through.

What Happens When Property Doesn't Make It Into the Trust? Let's Talk About the Heggstad Petition

How a Heggstad petition can help a family avoid full probate when a home never made it into the trust

California Homeowners: AB 2424 Could Give You More Time If You're Facing Foreclosure

How a 2025 California law can give you up to 90 extra days to sell your home before a foreclosure sale

You're the Successor Trustee. Now What Happens to the House?

Do You Have to Probate Your Parent's House in California? The Rule Changed in 2025

A California home worth $750,000 or less may skip full probate under a 2025 law. Here's who qualifies — and the catch nobody mentions.

California Homestead Law

How It May Protect Your Home Equity

Work With Me

At Helen K. Burke Real Estate, we are devoted to helping you with any of your real estate needs.

Contact Me

Schedule a Meeting