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.
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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.
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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.

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