Selling an Inherited Home: California Probate Sales

How court-supervised property sales work, step by step

Estate and Trust

Probate Sale — Complete Guide

When a California property owner passes without a trust, the estate typically enters probate — a court-supervised process governing how property is sold, debts paid, and heirs receive distributions. Slower and more public than a trust sale, but structured and well-understood by the courts.

Key Takeaways
  • Probate is required when property is held in the decedent's name alone, with no trust and no joint tenancy.
  • Most California probate sales require court confirmation, which includes an overbid hearing.
  • Probate typically takes 9 to 18 months, sometimes longer.
  • Probate property is financeable — it is not cash-only.
  • Minimum first overbid = accepted offer + 10% of the first $10,000 + 5% of the balance (Probate Code §10311).

When Probate Is Required

  • The decedent held the property in their name alone.
  • Estate value exceeds the California small-estate limit ($239,700 for deaths on or after April 1, 2026). A primary residence worth up to $750,000 may qualify for a simpler court petition instead of full probate.
  • There are creditor claims or disputes among heirs.
  • No valid beneficiary designation was made.

Who This Guide Is For

Executors and administrators
  • Your legal responsibilities
  • Listing and selling the property
  • Court confirmation requirements
Heirs and beneficiaries
  • What to expect from the process
  • Distribution timeline
  • Prop 19 implications
Property buyers
  • How probate bidding works
  • Court confirmation overbid
  • Required deposits

Court Overbidding Explained

California probate sales include a court confirmation hearing where outside buyers may overbid the accepted offer. The minimum first overbid is the accepted offer plus 10% of the first $10,000 and 5% of the balance (Probate Code §10311) — on a $500,000 offer, at least $525,500. At the hearing, buyers must appear with a cashier's check for 10% of their overbid amount. The highest bidder wins.

Common probate challenges
  • Multiple heirs with conflicting interests about timing or price.
  • Property sold in as-is condition, with limited disclosures available.
  • Court scheduling delays can extend the timeline an additional 3 to 6 months.
  • Creditor claims must be satisfied before any heir receives a distribution.
  • Back taxes, if owed, must be resolved at closing.
More guides
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