Selling a Probate Property in Los Angeles

When a homeowner passes away, their property may need to go through probate, the court-supervised process that determines how real estate and other assets are distributed. Whether a home requires probate depends on how ownership was held and whether a will or trust was in place. Understanding this process can help families avoid confusion, delays, and missed opportunities when it comes time to sell.

Why Some Homes Go Through Probate and Others Don’t

If a homeowner owned the property solely in their name and it was not placed in a trust or set up for automatic transfer (such as joint tenancy or a transfer-on-death deed), it must go through probate to transfer ownership to heirs or beneficiaries.

If there is a will (testate), the court reviews it, confirms the executor, and oversees the transfer of the property to the named beneficiaries or legatees. Having a will makes the process clearer but does not always eliminate the need for probate.

If there is no will (intestate), the estate goes through intestate succession, which means the court appoints an administrator and distributes the property based on state law. In most of these cases, court confirmation is required before the home can be sold. Probate ensures that debts, taxes, and disputes are settled before the property transfers to heirs, creating a clear chain of title for buyers.

Key Probate Terms to Know

Decedent - The person who passed away.
Executor - The person named in a will and appointed by the court to carry out the decedent’s wishes.
Administrator / Personal Representative – The court-appointed person managing the estate when there is no will.
Beneficiary / Heir - Someone who inherits from the estate, either under a will or through intestate succession.
Probate Referee - The court-appointed appraiser who determines the property’s value.
Custodian of the Will - The person holding the will when the decedent passes.
Conservatorship - A legal process where a conservator is appointed to manage the care or finances of another adult.
Trust - A legal entity that allows property to pass directly to beneficiaries without probate.

Steps to Sell a Probate Property with Full IAEA Authority

When an estate is granted full authority under the Independent Administration of Estates Act (IAEA), the sale can move forward without court confirmation, which makes the process much faster.

1. Obtain Full IAEA Authority
The executor or administrator requests full authority when filing the initial probate petition. Once granted, this authority appears in the Letters of Administration or Letters Testamentary issued by the court.

2. List the Property
With full authority, the personal representative can list and market the home like a standard real estate sale.

3. Send Notice of Proposed Action
A Notice of Proposed Action is sent to heirs and interested parties detailing the terms of the sale. If no objections are made within 15 days, the sale can move forward.

4. Accept an Offer and Open Escrow
Once an offer is accepted, escrow opens and proceeds like a traditional real estate transaction.

5. Close the Sale
If no objections are filed, the sale closes without court confirmation.

When Court Confirmation Is Required (Limited Authority)

If the estate only has limited authority, the executor cannot sell without a court hearing. This process requires filing a Petition for Confirmation of Sale, publishing notice of the sale, and attending a court hearing where overbidding may occur.

The accepted offer must be at least 90% of the appraised value, and closing cannot occur until the court approves it. This adds several weeks to the sale timeline and often requires more coordination among all parties involved.

During the hearing, other buyers may overbid according to the California Probate Code formula: the original accepted offer plus 10% of the first $10,000 and 5% of the remaining balance.
(Source: California Probate Code 10311)

Probate Timeline in Los Angeles

Selling a probate property in Los Angeles typically follows this sequence. While timelines can vary depending on court workload and estate complexity, the process below offers a realistic overview of what to expect.

• Court petition filed:
  The executor or administrator is officially appointed by the court.
  Approximate duration: 1–2 months

• Authority granted (full or limited):
  The court issues Letters of Administration or Testamentary, granting authority to act on behalf of the estate.
  Approximate duration: within the first 60 days

• Probate Referee appraisal:
  A court-appointed appraiser determines the property’s fair market value to ensure compliance with sale requirements.
  Approximate duration: 2–6 weeks

• Notice of Proposed Action:
  The executor sends a 15-day notice to heirs and interested parties, allowing time to object to the proposed sale.
  Approximate duration: 15 days

• Marketing and escrow:
  The property is listed, shown, and marketed to potential buyers. Escrow begins once an offer is accepted and proceeds like a traditional sale.
  Approximate duration: 45–90 days

• Court confirmation hearing (if limited authority):
  If the sale requires court confirmation, the court sets a hearing date, reviews offers, and allows overbidding.
  Approximate duration: adds 30–45 days to the process

• Final distribution:
  After the sale closes, the executor files a final accounting and the court authorizes the distribution of proceeds to heirs.
  Approximate duration: total probate process usually takes 9–18 months

How Homeowners Can Avoid Probate

Many homeowners choose to plan ahead to prevent their property from going through probate. The most common ways to avoid probate include:

• Creating a living trust so the property passes directly to named beneficiaries

• Holding title as joint tenants with right of survivorship

• Using a transfer-on-death deed, where permitted

• Adding a spouse or partner as co-owner under community property laws (varies by state)

Taking these steps in advance can save time, money, and stress for your loved ones.

Frequently Asked Questions Probate Home Sales in Los Angeles & Westside

How do I sell an inherited home in Los Angeles?

Once you’ve inherited a property, the first step is to confirm ownership. This happens through probate, trust transfer, or affidavit of death depending on how title was held. After legal authority is established, you can list and sell the property like a traditional home sale. An experienced probate-certified real estate agent can help coordinate title clearing, valuation, and disclosures to avoid costly mistakes.

Do all heirs have to agree to sell inherited property?

Not always. If multiple heirs inherit a property together, all must sign the listing and sale documents. However, when there’s disagreement, one co-owner can file a partition action to force a sale. Most families resolve this through communication and proper legal guidance before it reaches court.

Can I sell an inherited property before probate is completed?

In most cases, you can market the home and accept offers pending court approval, but escrow can’t close until probate authority is granted. If the property is held in a living trust or through joint tenancy, the sale can often proceed much faster, bypassing the court process altogether.

What taxes apply when selling inherited property in California?

• Capital Gains Tax: Calculated using the property’s stepped-up basis—the home’s fair market value on the date of death. You’ll owe tax only on appreciation since inheritance.

• Property Tax Reassessment (Prop 19): If the home isn’t retained as your primary residence, it will likely be reassessed at market value.

• No Inheritance Tax: California does not have a state inheritance tax, though standard escrow and transfer fees apply.

What does “stepped-up basis” mean?

It means that when you inherit a home, its tax basis resets to its current market value. If you sell it soon after inheriting, capital gains are minimal or zero. This can make selling sooner financially advantageous, especially in high-value markets like Santa Monica, Brentwood, and Venice.

Should I renovate or sell the inherited property as-is?

Most heirs sell as-is, particularly if the estate needs quick liquidity or if the property needs major work. Light cleaning, decluttering, and landscaping can improve offers without large expenses. A local agent can help identify which improvements, if any, will yield a return in the Westside Los Angeles market.

What disclosures are required when selling an inherited home?

Even if you never lived in the property, you must disclose known material facts, including structural issues, environmental hazards, and deaths within the last three years. The sale also requires Natural Hazard Disclosure (NHD) and compliance certificates (smoke, carbon monoxide, water heater strapping). If you don’t know certain details, simply note “unknown” rather than omit information.

How long does it take to sell an inherited property?

If no probate is required, sales often close in 30–45 days for financed buyers or 2–4 weeks for cash offers. If the property is under probate, the full legal process can extend 9–18 months, though marketing can begin earlier to save time.

Can I keep part of the proceeds or buy out other heirs?

Yes. Heirs may agree to a buyout where one heir purchases others’ interests, or they may sell collectively and split proceeds based on inheritance percentages. Your real estate agent and probate attorney can coordinate both approaches.

How can I avoid family conflict during an inherited property sale?

Open communication and transparency are key. Provide every heir with a copy of the appraisal, listing agreement, and offer terms. An experienced probate-certified Realtor can act as a neutral third party to keep the process fair and structured.

What’s the best way to sell an inherited home quickly?

Pricing it competitively and marketing it aggressively is crucial. Philippe Properties specializes in Los Angeles and Westside inherited home sales offering full valuation, buyer outreach, and legal coordination. Whether you’re an executor or an heir, we help turn a complex process into a clear, successful sale.

How long does it take to sell a probate property in Los Angeles?

If court confirmation is not required, a probate property can close just like a regular sale, often within 2 to 4 weeks for an all-cash offer, provided the Notice of Proposed Action (NOPA) period has passed or heirs have waived it.

For most standard probate sales, the typical timeline is 45 to 90 days after an offer is accepted. However, when court confirmation is required, the process can extend significantly since the sale must wait for a court hearing and confirmation order, which can take 9 to 18 months depending on the court’s backlog and the estate’s complexity.

Can a probate property be sold without a court confirmation hearing?

Yes. If the executor or trustee has Independent Administration of Estates Act (IAEA) authority and no heir objects within the statutory period (usually 15 days), the sale can proceed without a court confirmation hearing.

What is a “Notice of Proposed Action” in probate?

The Notice of Proposed Action is a legal notice sent to heirs and interested parties outlining the proposed sale terms (price, buyer, commissions). If no objections are raised during that period, the sale may move forward without further court involvement.

Can I sell a probate home as-is?

Yes. Most probate properties are sold “as is.” While major repairs are usually not practical, basic cleaning, decluttering, light staging, and cosmetic fixes can make your property more attractive and help secure stronger offers.

What happens if a beneficiary or heir objects?

If an heir objects to the sale, the transaction must go before the court for confirmation. This means a public hearing in which interested bidders can submit overbids. Clear documentation, proper disclosures, and open communication can help prevent disputes.

Who is the Probate Referee in a probate sale?

A Probate Referee is a court-appointed appraiser who determines the official value of the property. That appraisal is essential in ensuring that the sale is conducted at fair market value and meets legal standards.

What is overbidding and how is it calculated in probate?

Overbidding allows third parties to submit higher bids at the court confirmation hearing. According to Probate Code § 10311, the minimum overbid is calculated as 10% of the first $10,000 plus 5% of the remaining balance of the accepted offer.

Why do probate homes often sell below market in Los Angeles?

Probate homes often sell at a discount because they come with uncertainties: legal risks, disclosure complexity, court timelines, limited repair work, and perceived higher buyer risk. A strong agent, proper pricing, and crystal-clear disclosure can help you reduce that gap to market value.

How do court confirmation dates work in a California probate sale?

After a buyer’s offer is accepted, the court schedules a confirmation hearing. At that hearing, overbids may be accepted (if allowed), and the judge formally approves the sale. Once confirmed, the property can close to the buyer.

Are there extra fees or costs involved in a probate home sale?

Yes. Common additional costs include:

• Court filing and administration fees

• Executor or trustee commission

• Probate Referee appraisal fee

• Attorney or legal fees

• Additional inspections or reports

• Required disclosures and compliance work

Can I choose any real estate agent for a probate sale in California?

Yes, but it’s crucial to work with an agent experienced in probate and trust real estate. Probate sales involve court timelines, legal forms, and precise disclosure procedures. A qualified agent ensures compliance with California Probate Code and coordinates with the attorney and executor to prevent costly delays.

How is the listing price determined for a probate home?

The Probate Referee’s appraised value usually sets the benchmark, but local market data, location, and property condition are key. Pricing slightly below market value can generate multiple offers, which may help offset court delays.

Can beneficiaries buy the home during probate?

Yes. A beneficiary can purchase the home if the sale is conducted properly, with notice to all interested parties and court approval if required. The same overbid rules apply to ensure fairness.

What disclosures are required when selling a probate property?

Even though the estate often sells “as is,” the executor or administrator must still disclose known material facts affecting value or safety. That includes natural hazards, deaths on the property within three years, and environmental risks.

What can delay a probate sale in Los Angeles County?

Common delays include missing court documents, title issues, executor signature errors, or heir disputes. Working with a probate-certified Realtor reduces these risks and keeps the sale on track.
As a probate-certified Realtor serving Los Angeles, Santa Monica, and the Westside, Philippe Properties provides full guidance through every step, from pricing and disclosures to closing.

Do probate sales attract investors or end-user buyers?

Both. Many probate homes appeal to investors seeking renovation opportunities, while others attract families looking for homes in prime Westside neighborhoods like Brentwood, Venice, and Pacific Palisades.

Why Work With Philippe Properties

Selling a probate or inherited property requires precision, sensitivity, and deep knowledge of California real estate law. At Philippe Properties, we specialize in guiding executors, trustees, attorneys, and heirs through every stage, from property valuation and court filings to marketing, negotiation, and closing.

As a Probate-Certified Realtor serving Los Angeles, Santa Monica, Brentwood, Venice, and the Westside, we ensure that every sale complies with legal requirements while achieving maximum market value.

Our goal is to simplify the process, protect your interests, and help you reach the best possible outcome, while honoring your family’s legacy and timeline.