Selling an Inherited Home: California Probate Sales
How court-supervised property sales work, step by step
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.
- 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
- Your legal responsibilities
- Listing and selling the property
- Court confirmation requirements
- What to expect from the process
- Distribution timeline
- Prop 19 implications
- 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.
- 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.
General information, not legal or tax advice. Laws, figures and deadlines change — verify with your attorney or CPA before acting. Figures checked October 2026. LK Fox Real Estate · Laura Fox CA DRE #01750945 · Kevin Fox CA DRE #01330038 · brokered by TNG Real Estate · Equal Housing Opportunity.
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