A probate sale in Los Angeles is a normal house sale wrapped in court procedure. The procedure decides how fast you can sell, whether the price can be negotiated freely, and whether strangers can outbid your buyer in a courtroom at Stanley Mosk. This page walks through the sale the way it actually runs in Los Angeles County, in plain English, so an executor or heir knows what is coming before the first buyer calls.
Does the Estate’s House Have to Go Through Probate at All?
Not always. A house held in a living trust passes under the trust; a house held in joint tenancy passes to the survivor; and since April 1, 2025, a decedent’s primary residence worth up to $750,000 can pass by a simplified court petition without a full administration. Most Westside homes are worth far more than $750,000, so if there was no trust, expect a full probate in the Los Angeles Superior Court, which hears probate matters mainly at the Stanley Mosk Courthouse downtown.
Probate begins when someone files a petition to be appointed personal representative (the executor named in the will, or an administrator if there is none). Letters are usually issued several weeks after the petition, once the hearing clears. Until Letters issue, nobody has authority to sign a listing agreement or a purchase contract for the estate.
Full Authority vs. Limited Authority: The Fact That Decides Your Sale
The petition asks the court for authority under the Independent Administration of Estates Act (IAEA). The court grants full authority, limited authority, or none. Under Probate Code section 10501, a personal representative with limited authority cannot sell real property, exchange it, grant an option on it, or borrow against it without court supervision. Full authority lifts those restrictions.
| Question | Full authority (IAEA) | Limited or no authority |
|---|---|---|
| Court hearing to approve the sale? | No. A 15-day Notice of Proposed Action to the heirs and beneficiaries replaces it. | Yes. Report of sale and petition for confirmation, then a hearing. |
| Minimum price | Negotiated like any sale; the referee’s appraisal is a reference, not a floor. | At least 90% of the probate referee’s appraised value (Prob. Code 10309), appraised within a year of the hearing. |
| Can someone outbid the buyer? | No. Escrow closes on the accepted contract. | Yes. Overbidders may appear at the confirmation hearing (Prob. Code 10311). |
| Typical time from accepted offer to close | About 30 to 45 days once the notice period has run. | Usually 60 to 90 days or more, driven by the court’s calendar. |
| Buyer contingencies | Normal inspection and loan contingencies are common. | Sales are typically as-is with no contingencies after confirmation; deposits are usually non-refundable. |
An objection from an heir can push a full-authority sale into court, and a will can restrict the representative’s powers. Ask the estate’s attorney which authority appears on the Letters before you plan anything.
The Probate Referee’s Appraisal and the 90% Floor
Every estate that goes through a full probate administration files an Inventory and Appraisal. Non-cash assets, including the house, are valued by a court-appointed probate referee, generally as of the date of death. That figure matters in two ways. Under a supervised sale it sets the floor: the court cannot confirm a price below 90% of the appraised value, and the appraisal or its valuation date must be within one year of the confirmation hearing (Prob. Code 10309). Under a full-authority sale it is background information that buyers and heirs will still look at, so a stale or high referee value can complicate negotiations even when it is not binding.
Estate-condition Westside houses often appraise on paper above what a buyer will pay for a home that has not been touched in decades. If the estate is on the supervised track and the referee’s number is too high, the attorney can request a reappraisal for sale purposes; that is worth doing before the property is marketed, not after an offer is on the table.
Notice of Proposed Action: The 15-Day Step in a Full-Authority Sale
When the representative has full authority and takes an action that requires notice, such as selling the house, Probate Code section 10580 requires a Notice of Proposed Action to the people entitled to it under section 10581, chiefly heirs and beneficiaries whose interests are affected. Section 10585 sets the contents of the notice; section 10586 requires that it be delivered or mailed at least 15 days before the date the action is to be taken; and section 10587 lets any recipient object in writing before the action. Recipients can also waive the notice, which is how a family that agrees on the sale shortens the timeline.
Practically: the representative accepts an offer, the notice goes out describing the sale terms, the 15 days run, and if no one objects the sale proceeds to closing without a hearing. If someone objects, the representative can still sell, but only with court supervision, which puts the sale back on the confirmation-and-overbid track.
Court Confirmation and Overbids: What Happens at Stanley Mosk
On the supervised track, the accepted offer is reported to the court and a confirmation hearing is set, typically several weeks out. Before the hearing the probate examiner posts probate notes online; a matter marked recommended for approval usually clears without argument, and one with unresolved notes gets continued, which is where much of the delay in Los Angeles probate sales actually comes from. At the hearing the judge asks whether anyone present wishes to overbid.
Two things follow from that formula. First, on Westside prices the opening overbid step is large, roughly $75,000 on a $1.5 million house, which discourages casual bidding and protects a well-priced original offer. Second, a supervised probate sale should be marketed to attract both the original buyer and potential overbidders, because the court process is, in effect, a second round of bidding.
Step by Step: A Los Angeles Probate Sale From Petition to Close
- Petition for probate is filed and Letters issue. The court appoints the personal representative and states the authority level. Typically several weeks. No listing or contract can be signed before this.
- Inventory and appraisal. The probate referee values the house, generally as of the date of death. The Inventory and Appraisal is due within four months of Letters, though the referee’s figure often comes back sooner.
- Prepare and market the property. Utilities, insurance, clean-out, and a decision on repairs versus selling as-is. Marketing to the full retail market is normal under both tracks; on the supervised track the listing should say the sale is subject to court confirmation and overbid.
- Accept an offer. Full authority: sign a purchase agreement, send the Notice of Proposed Action, and wait out the 15 days. Limited authority: sign subject to confirmation, collect a substantial deposit, and file the report of sale.
- Notice period or confirmation hearing. Full authority: no objection, proceed. Supervised: hearing at Stanley Mosk, overbids invited, order confirming sale signed for the winning bidder.
- Close escrow and distribute. Title passes by the representative’s deed. Proceeds go to the estate account, then to creditors and beneficiaries under the court’s process, not directly to the heirs at closing.
How Long Does a Probate Sale Take in Los Angeles?
The house itself can usually be under contract within weeks of Letters if the estate is ready to sell. The estate as a whole commonly takes nine to eighteen months to close in Los Angeles County, and a contested or continued matter can run longer. The sale and the estate are separate clocks: heirs often expect the house money at closing, when in fact it sits in the estate account until the court allows distribution. Plan for that gap, especially if the estate is carrying a Prop 19-reassessed tax bill in the meantime. See what Prop 19 costs an inherited house in Los Angeles.
Where a Licensed Probate Agent Actually Helps
The attorney runs the court process; the agent runs the sale, and the two have to be coordinated or the file loses months. On a Westside estate the agent’s job is to price for the retail market that will actually pay for the location, write the listing and the contract in the form the court and the title company expect, manage the notice or confirmation timeline with the attorney, and keep out-of-state heirs informed without a dozen calls a week. We handle both retail listings and as-is sales for estates, and we will tell you which one the numbers support. Details on our probate and inherited-property agent service.
Call or Text (424) 239-5209Tell us which authority the estate has and we will map the timelineFrequently Asked Questions About Probate Sales in Los Angeles
Can the executor sell the house before probate is finished?
Yes, and usually should. Once Letters issue, the personal representative can market and sell the house during the administration; the estate does not have to be closed first. Sale proceeds are held in the estate account and distributed later under the court’s process, so heirs receive money after the estate resolves, not at closing.
What is the minimum overbid at a Los Angeles probate confirmation hearing?
Under Probate Code section 10311 the first overbid must be at least 10% more on the first $10,000 of the accepted bid and 5% more on the balance, which equals 105% of the accepted price plus $500. On a $1,000,000 accepted offer that is $1,050,500. Later increments are set by the judge in the courtroom.
Do all Los Angeles probate sales require court confirmation?
No. A personal representative with full authority under the Independent Administration of Estates Act can sell without a hearing after giving heirs and beneficiaries a 15-day Notice of Proposed Action, provided nobody objects. Court confirmation and overbids apply to estates with limited or no IAEA authority, or where an objection forces supervision.
Can a probate house be sold below the referee’s appraised value?
On the supervised track the court cannot confirm a price below 90% of the appraised value, and the appraisal must be within one year of the hearing; if the number is stale or too high, the attorney can seek a reappraisal. On a full-authority sale the appraisal is not a legal floor, though it still influences the parties.
Do the heirs have to agree before the house is sold?
Under full authority the heirs receive notice and can object, but they do not have to sign the contract; an objection sends the sale to court supervision rather than blocking it. Practically, a family that agrees on price and agent moves much faster than one that does not, which is why we start with numbers everyone can see.
Should an estate sell as-is or fix the house first?
It depends on the estate’s cash, the timeline, and the neighborhood. A clean Westside house often draws multiple offers as-is; a heavily deferred one may net more after targeted work, or may be better sold quickly to a buyer who prices in the repairs. We give estates both numbers so the representative can choose with the attorney and the heirs.
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Why Work With Us
We Sell Houses LA is the name Nick Hedberg works under. Nicholas Hedberg is a licensed California real estate salesperson, DRE #02016456, operating under broker Beverly & Company, DRE #02078273, which is responsible for real estate activity conducted under this name. He has sold homes across the Westside for years, including Venice, Mar Vista, Culver City, and Santa Monica, and he handles estate and probate sales as well as conventional listings and lender-negotiated sales.
On a probate file the delays are rarely about the house. They come from a stale appraisal nobody flagged, a notice that went out late, or an examiner note that sat unanswered. So the first week is spent reading the Letters and the calendar with the attorney, and the marketing plan is built around the track the estate is actually on.
Illustrative description of how we work, not a specific client outcome. Every estate is different and no result or timeline can be guaranteed.
What Nick’s clients say — 5.0 on Zillow as of September 2026
Nick is a great real estate agent. He is extremely knowledgeable and stuck by me trying to navigate this crazy market. I was glad to have him represent me when it came time to negotiate. If you want a professional and hard working agent, do not hesitate to work with Nick.— Alexander M. (Zillow)
One client’s experience, not a guarantee of how your sale will go.
Related reading: Prop 19 and your inherited house in Los Angeles, our probate and inherited-property agent page, and, if the estate’s house is behind on its mortgage, selling a house in foreclosure in Los Angeles. Or contact us directly.
We Sell Houses LA · Los Angeles, CA · (424) 239-5209 · info@WeSellHousesLA.com. Serving Venice, Mar Vista, Culver City, Santa Monica, and all of Los Angeles County. Real estate services by Nicholas Hedberg, DRE #02016456, Beverly & Company, DRE #02078273. General information about California probate procedure, not legal or tax advice; the estate’s attorney controls the filings, court timelines vary, and no result or timeline can be guaranteed. Statutory references are to the California Probate Code as of September 2026.
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