Selling a House in Probate in California: What Sacramento, Placer and El Dorado Families Need to Know

The short answer: Yes, you can sell a house that's in probate. How it works depends on two things: who has the authority to sell, and whether the home qualifies for California's newer shortcut. If the home was the owner's primary residence, they passed on or after April 1, 2025, and a probate referee values it at $750,000 or less, the family may be able to skip full probate. If not, the sale goes through the traditional route, and a judge may have to approve it. Either way, talk with a California probate attorney before you list.

Why this one is personal for me

My dad passed away in 2024. That was before California's new rule took effect on April 1, 2025, so my brother and I went through the full probate process. It's a lot. Paperwork, court dates, and a lot of waiting while you're still grieving.

So when I talk with families about probate, I'm not reading from a script. I've been on the family side of this. I've also sold several homes that were in probate, so I've seen how the timeline plays out from both sides. Here's how it works, in plain English.

Two ways a house gets sold after someone passes

There are two main roads. Which one you're on changes who signs, how long it takes, and whether a judge has a say in the sale.

The shortcut: how the streamlined petition works

The new rule came from Assembly Bill 2016, signed September 21, 2024. For a primary residence, it raised the limit for skipping full probate from $184,500 to $750,000, but only for people who pass on or after April 1, 2025. BBK Law notes the $750,000 limit applies through March 31, 2028, so the date really matters.

Here's what the heir typically does:

1. Waits at least 40 days after the date of death before filing.
2. Has the home appraised by a court-appointed probate referee. That appraisal, not an online estimate, decides whether the home is at or under $750,000.
3. Files the petition (form DE-310) with the superior court, along with the appraisal, the latest deed and the legal description.
4. Notifies every heir named in the petition within five court days of filing.
5. Goes to the hearing if the court requires one. If nobody objects and everything checks out, the court issues the Order Determining Succession.
6. Records that order with the county recorder. The Sacramento County Bar Association points out that all the heirs need to take part to clear title.

A few heads-ups. Heirs who file can become personally responsible for the owner's unsecured debts, up to the value of their share of the home's equity. Other assets still go through regular probate. If there's a loan on the house, the lender has to be part of the conversation. And if someone else is already the executor, you need their written consent. A probate attorney can tell you whether the shortcut really saves you time and money in your situation.

If you're going the full probate route, like we did

When the home is worth more than $750,000, the owner passed before April 1, 2025, or the estate has other moving parts, the sale usually runs through a formal probate case. Here's what to know:

• Authority matters. An executor with full authority under the Independent Administration of Estates Act may be able to sell without a court hearing. An executor with limited authority needs the court to confirm the sale before title passes.
• The 90% rule. At a confirmation hearing, the offer has to be at least 90% of the referee's appraised value, and the appraisal must be dated within a year of the hearing (Probate Code section 10309).
• Overbids. The sale can be reopened in court. Per Stimmel Law, the first overbid has to beat the original offer by 10% of the first $10,000 plus 5% of the rest, and bidders bring a cashier's check or cash for 10% of the overbid amount.
• Notice. In a court-confirmed sale, a notice of the sale has to be published, and heirs get a chance to object. With full authority, the Notice of Proposed Action below applies instead.

That means an accepted offer isn't final the day everyone signs. Buyers need to know that up front, and so do heirs who are counting on a closing date.

The timeline that surprises everyone: the Notice of Proposed Action (NOP)

I've sold several homes out of probate, and this is the timeline buyers and families are most often caught off guard by.

When the executor has full authority, the sale usually doesn't need a court hearing. Instead, the executor sends a Notice of Proposed Action, called the NOP, to the heirs and beneficiaries. In plain English, it's an official heads-up that says: here's the sale we plan to make, here are the terms, and you have a window of time to speak up if you object. That window is at least 15 days. Under Probate Code section 10586, the notice has to be delivered not less than 15 days before the date stated in it.

What the waiting period means for the family: if nobody objects in writing during that time, they're treated as having consented, and the sale can move forward. If someone does object, the executor can only go ahead under court supervision, which means a judge gets involved and the timeline stretches. An objection that arrives before the sale actually happens still counts, so nobody should assume the window is closed on the last day.

Here's how I handle the timing on my sales:

1. We don't start the NOP clock until every buyer contingency is released. Inspection, appraisal, loan, all of it. That way the terms in the notice are the real terms.
2. The sale can't close until the full NOP period has passed. No exceptions, even if the buyer is ready and the loan is funded.
3. We add a few extra days for the mail. The notices go out by mail, so I build in a cushion rather than cut it close.

If you're buying a probate home, plan on at least 15 days after your contingencies are gone, plus a few days of mailing cushion, before you get keys. If you're an heir, this is the stretch where you'll hear the sale terms and have your say.

The Racing Realtor take

In racing, a fast car still loses without a good pit crew. A probate sale works the same way. Your crew is a probate attorney, the probate referee, a title officer and a Realtor who has sold several probate homes. My job is to keep things moving, price the home against real local sales, and handle the cleanout, repairs and showings so your family isn't doing it all alone. I don't give legal or tax advice, so your attorney and CPA set the rules, and I work inside them.

Frequently asked questions

1. Can I list a house while probate is still open?

Often, yes. But who can sign the listing and accept an offer depends on the executor's authority and the court's role. Check with the estate's attorney before you list or sign anything.

2. How is the $750,000 limit measured?

By the probate referee's appraisal, not Zillow and not a broker price opinion. According to the Sacramento County Bar Association, the referee's fee is 0.01% of the appraised value plus reasonable expenses.

3. What if the owner passed before April 1, 2025?

Then the old, much lower limit applies. Per BBK Law, it was $184,500 for deaths from April 1, 2022 through March 31, 2025, so most Sacramento-area homes go through full probate. That was our situation.

4. Does a probate sale always need a court hearing?

No. An executor with full authority may be able to sell without confirmation. Limited authority requires it. Even with full authority, there's still a waiting period: the Notice of Proposed Action, explained above. Your attorney will tell you which authority applies.

5. Can someone outbid my buyer at the hearing?

In a court-confirmed sale, yes. Overbids are taken in open court, so the original buyer can be outbid. That's why probate listings are priced and marketed with that process in mind.

6. How long after contingencies are removed can a probate sale close?

With full authority, the Notice of Proposed Action has to go out at least 15 days before the date stated in it, and the sale can't close before that period is over. I start the clock only after every buyer contingency is released, and I add a few extra days for mailing.

Important note

This article is general information, not legal, tax or financial advice. Please talk with a California probate attorney and a tax professional about your situation.

Related reading

Inherited a home in Placer or Sacramento County? How Prop 19 shapes your keep, rent or sell decision

Shauna Hogg

The Racing Realtor | GUIDE Real Estate

DRE# 01475758

916-521-4600

www.drivenhomesre.com

Shauna@drivenhomesre.com

Sources

• BBK Law, California expands streamlined probate for qualifying primary residences (Probate Code 13151 / AB 2016)
• Sacramento County Bar Association law library, Petition to Determine Succession to Primary Residence
• Stimmel Law, Selling real property in probate
• California Probate Code section 10586
• California Probate Code section 10587
• Judicial Council form DE-165, Notice of Proposed Action