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Family Transitions

Can I sell the house during probate in California?

Short answer

Yes. California allows probate sales under both full and limited authority. The process and pricing rules differ depending on which type of authority the executor was granted.

Yes — California allows real estate sales during probate, and Roger has handled both common types: full-authority probate sales (under the Independent Administration of Estates Act, or IAEA) and limited-authority sales that require court confirmation.

Under full authority IAEA, the executor or administrator can list, accept offers, and close much like a normal sale — usually with a 15-day notice of proposed action to heirs. This is the cleaner, faster path and is by far the most common in modern California probate.

Under limited authority, every offer must be confirmed by the probate court. That means a court hearing, an overbid procedure (where other buyers can show up and bid 10% + $1,000 over the accepted offer at the hearing), and an extended timeline. Pricing has to be at least 90% of the court-appraised value.

Which path you're on depends on what the will (if any) said, what the court granted, and the personal representative's preferences. If your case is still in early probate filing and the choice hasn't been made yet, the attorney handling probate can often request full authority — and it's worth asking.


I can give you a better answer with more information. Every situation I've handled in 18 years has had its own wrinkles. To talk it through with someone who's done this before: (510) 504-0402 during business hours, (406) 205-9003 anytime, or roger@grubb.net.

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