Do you need probate before you can sell?
Selling an inherited California home starts with one question: how was the home left to you? A living trust or transfer-on-death deed usually skips court entirely; a will-only or no-plan home almost always goes through probate first. Three quick questions about the estate documents, the court appointment status, and your timeline point you to the right next step — free, bilingual, no sign-up.
Common questions
Does every inherited home in California have to go through probate?
No. A home held in a living trust or covered by a transfer-on-death deed passes outside probate — a trustee or named beneficiary can usually sell without court involvement, often within weeks. Probate is required when the home was owned in the deceased's name alone with no trust or TOD deed; a will alone doesn't avoid it.
What is the difference between full and limited authority in a probate sale?
Full authority under California's Independent Administration of Estates Act (IAEA) lets the executor sell much like a normal listing — heirs receive a written 15-day notice, and no court hearing is needed unless someone objects. Limited authority requires a court confirmation hearing where other buyers can overbid the accepted offer, adding weeks and uncertainty to the process.
Can I sell a house while probate is still open?
Yes — you don't have to wait for probate to fully close. Once the court appoints an executor or administrator and issues letters of authority, the home can be listed and sold during the probate, either with heir notice (full authority) or court confirmation (limited authority). The sale proceeds pay any remaining estate debts, and the net goes to the heirs.
What happens if the heirs disagree about selling?
With full authority, any heir can object within 15 days of the notice; a judge then decides whether the sale proceeds. Practically, keeping heirs informed and agreeing on the plan before listing prevents most objections. If the estate has limited authority, the court confirmation process already involves judicial oversight of the sale.