California property glossary
Probate
Also called estate administration, court-supervised administration
Quick answer
Probate is the court process that transfers a deceased person's assets to their heirs and pays valid debts. Real property can usually be sold during probate rather than after it — which is why an inherited house does not have to sit idle for the year the process often takes.
Key facts
- Typical duration
- Commonly nine to eighteen months in California; complex or contested estates run longer
- Creditor claim window
- Four months from the date Letters are issued to the personal representative
- Selling authority
- Full authority under the Independent Administration of Estates Act allows sale with a Notice of Proposed Action; limited authority requires court confirmation
- Court confirmation overbid
- When confirmation is required, the sale is subject to overbidding in open court, starting at a statutory increment above the accepted price
- Avoiding probate
- Property held in trust, in joint tenancy, or with a transfer-on-death deed generally passes outside probate
What it means
A court appoints an executor or administrator, who inventories assets, notifies creditors, and often petitions the court for authority to sell real property under the Independent Administration of Estates Act, or with direct court confirmation.
California probate typically takes 9 to 18 months and involves court filing fees plus statutory attorney and executor fees calculated as a percentage of estate value — real costs that reduce what heirs ultimately receive.
An executor selling estate property needs court authority, full or limited depending on how the estate is administered, before closing. Buyers experienced with probate sales can work within that timeline rather than being spooked by it — always confirm authority and required approvals with the estate's probate attorney before marketing the property.
Why this matters when you are selling
The most valuable thing to know about probate as a seller is that the house does not have to wait for it to finish. Once the court issues Letters, the personal representative can market and sell real property; whether the sale needs court confirmation depends on whether the representative was granted full authority under the Independent Administration of Estates Act. With full authority, the sale proceeds on a Notice of Proposed Action to the heirs — a fixed waiting period rather than a hearing. That single distinction is worth months, and it is stated right on the Letters.
The second thing worth understanding is the overbid process, because it changes what an accepted offer means. Where court confirmation is required, an accepted price is a starting bid: at the hearing, other buyers may bid the property up, beginning at a statutory increment above the accepted offer. Sellers sometimes read this as a bonus and buyers read it as a reason to underwrite conservatively. It is neither — it is a structural feature that makes confirmation sales slower and less certain, and it is precisely what full authority avoids.
Meanwhile the estate carries the property. Taxes, insurance, utilities, and maintenance accrue from the date of death, and vacant-home coverage is both more expensive and more restrictive than a standard policy. In the Sierra foothills there is an added dimension: a vacant inherited property in a high fire hazard severity zone can be difficult to insure at all, and defensible-space obligations do not pause because the owner died.
How the process runs
1.Petition for probate
Filed in the superior court of the county where the decedent lived, with notice published and mailed to heirs.
2.Letters issued
The court appoints a personal representative and states whether authority under the IAEA is full or limited. The four-month creditor claim period starts here.
3.Inventory and appraisal
Estate assets are inventoried; a court-appointed probate referee appraises non-cash assets, including real property.
4.Sale of real property
With full authority, a Notice of Proposed Action to interested parties; with limited authority, a noticed hearing and confirmation subject to overbid.
5.Creditor claims and taxes resolved
Valid claims paid, final accounting prepared.
6.Distribution and discharge
The court orders distribution to beneficiaries and discharges the representative.
Common mistakes
Waiting for probate to close before dealing with the house.
Instead: Sale is generally possible once Letters are issued. Holding an empty house for a year adds taxes, insurance, and deferred maintenance to an estate that gains nothing from the delay.
Not checking whether the Letters grant full or limited authority.
Instead: It is printed on the document and it determines whether the sale needs a court hearing and an overbid. It is the first thing a buyer or agent should ask for.
Letting the insurance lapse or leaving a standard policy in place on a vacant house.
Instead: Notify the carrier of the death and the vacancy and obtain appropriate coverage. Most standard policies limit or exclude coverage once a home has been vacant beyond a stated period.
Assuming probate is required at all.
Instead: Property in a living trust, held in joint tenancy, or covered by a transfer-on-death deed generally passes outside probate, and California has simplified procedures for smaller estates. Confirm how title is actually held before filing.
Questions people ask
Can I sell an inherited house before probate is finished?
Usually yes. Once the court issues Letters, the personal representative has authority to sell. With full authority under the Independent Administration of Estates Act, the sale requires a Notice of Proposed Action to interested parties rather than a court hearing. With limited authority, the sale must be confirmed by the court and is subject to overbid.
What if the heirs disagree about selling?
The personal representative controls the estate's property, but interested parties can object to a proposed action, and co-owners who take title outright can be forced to resolve a deadlock through a partition action. Because both routes are slow and expensive, most disagreements are better resolved by agreeing on an independent valuation first — the dispute is usually about price, not about selling.
Do we have to clear out the house before selling?
Not for a direct cash purchase — personal property that the family does not want can generally stay. For a conventional listing the calculus is different, because staging and showings drive price. The question worth asking is whether the cleanout cost and the weeks it takes are recovered in the higher price.
How is the property taxed when it passes to heirs?
Two separate systems. For income tax, inherited property generally receives a stepped-up basis to date-of-death value, which often means little or no capital gain on a prompt sale. For property tax, California's Proposition 19 significantly narrowed the parent-child reassessment exclusion, so an inherited property that is not used as the heir's principal residence is generally reassessed at market value. Both are questions for a CPA on the specific facts.
Who pays the mortgage, taxes, and insurance during probate?
The estate does, from estate funds; where there is no cash, heirs often advance the costs and are reimbursed at distribution. Carrying costs are one of the strongest arguments for selling early in the process rather than at the end.
Bottom line
Probate is slower than it needs to be for most families, mainly because they wait for it to end before addressing the largest asset. Read the Letters to learn whether authority is full or limited, insure the vacancy properly, and price the carrying cost of waiting against the value of a sale now. Nothing here is legal or tax advice — the estate's attorney and CPA should confirm the specifics before anything is signed.
Official sources
- California Courts Self-Help — Wills, Estates, and Probate
Judicial Council guidance, forms, and the current small-estate thresholds, which are adjusted periodically.
- California Legislative Information
Probate Code, including the Independent Administration of Estates Act and simplified transfer procedures.
- California State Board of Equalization — Proposition 19
Official guidance on parent-child transfers and property tax reassessment after an inheritance.
Written and maintained by Sierra Property Buyers, a direct property buyer working across Northern California. Last reviewed July 2026. This page is general information about how California property transactions work — it is not legal, tax, or financial advice, and the specifics of any situation should be confirmed with an attorney, a CPA, or the relevant agency.
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