Probate is the legal process of administering a deceased person’s estate, ensuring debts are paid, and assets are distributed to heirs. If the deceased owned property, it often needs to go through probate unless:
- The property is held in a living trust.
- The property has a joint tenancy with a right of survivorship.
- The estate qualifies for California's small estate affidavit procedure (under $166,250 in total value as of 2025).
File for probate
- File a Petition: The executor named in the will (or an interested party if there’s no will) files a petition in the Sacramento County Superior Court.
- Receive Letters of Administration: Once the court approves, the executor or administrator is granted authority to act on behalf of the estate.
- Appraisal by Probate Referee: California requires an appraisal from a court-appointed probate referee to determine the fair market value of the property.
- Set a Sale Price: Use the appraisal to set a reasonable listing price.
Decide on the Sale Method
- Sell As-Is: Many probate properties are sold as-is, without requiring extensive repairs or updates.
- Traditional Sale: List the property on the open market with a real estate agent experienced in probate sales.
- Cash Buyers: Consider selling to a cash buyer or investor for a quicker, hassle-free process.
- Court Confirmation Sale: In some cases, the sale must be confirmed by the court. This involves:
- Accepting an offer.
- Scheduling a court hearing.
- Allowing overbidding during the hearing.
- Independent Administration of Estates Act (IAEA): If the estate qualifies under IAEA, the executor can sell the property without court confirmation, making the process faster.
Market the Property
- Disclose Probate Status: Make it clear that the property is being sold as part of a probate process.
- Highlight Features: Showcase the home’s potential to attract buyers, even if it’s being sold as-is.
- Accept Offers: Evaluate offers and choose the one that best meets the estate's goals (e.g., highest price, quickest closing).
- Distribute Proceeds: After paying off any estate debts and taxes, distribute the remaining proceeds to heirs according to the will or California’s intestate succession laws.
- Probate Attorney: Guides you through the legal requirements.
- Real Estate Agent: Choose one with probate experience to help with pricing, marketing, and negotiations.
- Probate Referee: Appraises the property as required by California law.
- Probate involves fees such as:
- Court filing fees.
- Attorney fees (set by California law based on the estate’s value).
- Real estate agent commissions.
- Appraisal and closing costs.
Consider Alternatives
If probate seems overwhelming or the property needs to be sold quickly, consider:
- Selling to a cash buyer like We Buy Houses companies.
- Asking a probate attorney about expedited processes if the estate qualifies.