Probate Property Resources

When someone dies owning a house in California, the house usually cannot be sold until a court process called probate gives a specific person the legal authority to act for the estate. This page explains that process in plain language, so families can see the road before they walk it.

This page is general information about how probate works in California. It is not legal advice, and your estate will have its own facts. A California probate attorney is the right guide for the legal steps.

What probate is

Probate is a court supervised process that does four things: confirms whether a will is valid, appoints an executor (named in the will) or administrator (appointed by the court when there is no will), gathers and values what the person owned and owed, and transfers what is left to the heirs or beneficiaries. Real property, meaning land and houses, is usually the largest item moving through that process.

Not every estate needs full probate. Property held in a living trust, property held with right of survivorship, and some smaller estates can follow simpler paths. Which path applies depends on how the property was titled, which is why the title paperwork matters so much at the start.

Who can sell a house that is in probate?

Only the court appointed executor or administrator, acting for the estate. Family members, even the only child, cannot legally sell the house on their own until that appointment exists. The appointment is proven by a court document called Letters (Letters Testamentary or Letters of Administration). Buyers, title companies, and escrow officers will ask to see it.

The usual steps, in order

1. A petition is filed with the superior court in the county where the person lived, usually by the proposed executor or administrator, often with an attorney.
2. The court holds a hearing and issues Letters, giving the executor or administrator authority.
3. The estate’s property is inventoried and appraised. For real property, a court appointed probate referee usually sets the value.
4. Creditors are notified and valid debts and taxes are paid from the estate.
5. Property can be sold during probate once authority exists. Some estates allow a sale on the executor’s authority alone. Others require court confirmation of the sale, a hearing where the price can be tested by overbids. Which rule applies depends on the authority the court granted.
6. When debts, taxes, and administration are complete, the court orders distribution of what remains, and deeds are recorded to put the property into the heirs’ names or complete a sale.

A straightforward California probate commonly runs nine to eighteen months, and contested or complicated estates run longer. Court calendars, not effort, set most of that pace.

Where a notary fits in

Probate generates paperwork: affidavits, waivers, consents, and deeds of distribution or sale. Some of those documents must be notarized. Our mobile notary service handles that part: deeds, affidavits, wills and trust documents, and powers of attorney signed before death that families bring to appointments. The notary verifies identity and witnesses signatures. The notary cannot advise the estate, draft documents, or take any part in a property sale as a buyer. Those two roles are kept separate on purpose.

If the family wants to sell during or after probate

Once the executor or administrator holds authority, the estate has the same choices any owner has: keep the property, list it with an agent, or sell it directly in its current condition. Estates often choose a direct sale when the house needs work, sits far from the heirs, or the family wants the administration finished without a repair project first. If that is your situation, our Sell Inherited Property page explains how a direct sale works and what we look at.

Questions people ask

How long does probate take in California?

A simple estate commonly takes nine to eighteen months. Estates with disputes, tax problems, or hard to sell property take longer. Anyone who promises you a quick, fixed timeline for probate is guessing.

Can the family keep living in the house during probate?

Often, yes, especially a surviving spouse or family member already living there, but the executor has duties to the estate and to all heirs, and insurance and upkeep still need handling. The estate’s attorney can confirm what is appropriate in your case.

What does probate cost?

California sets statutory fees for attorneys and executors based on the value of the estate, and there are also court filing fees, appraisal fees, and publication costs. The estate pays these from its assets. Ask a probate attorney for an estimate on your specific estate before you file.

What happens to the mortgage during probate?

The loan stays attached to the house. Payments, insurance, and property taxes need to keep being handled, usually from estate funds, until the property is sold or transferred. Falling behind during probate creates real problems, so it deserves attention early.

What if there is no will?

The court appoints an administrator, often the closest family member willing to serve, and California law sets the order of who inherits. The process is similar, just without the person’s written instructions to follow.

Can one heir force a sale if the others will not agree?

Courts have processes for this, including partition actions, but they are legal proceedings with real costs. This is attorney territory, and it is usually worth trying mediation first.

Talk to us

For notarizing probate and estate documents, call or text (510) 417-9089. For a conversation about selling an inherited property once authority is in place, start on the Sell Inherited Property page.

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Please read this part

This page is general information, not legal advice, and it is not a substitute for a probate attorney. Bay Area Services is not a law firm and does not file probate cases. Notary services on this website are provided by Notary Experts and are separate from property services: a notary verifies identity and witnesses signatures and cannot give legal advice.