Frequently Asked Questions

It depends on your authority. If the court granted you full authority under the Independent Administration of Estates Act (IAEA), you can usually sell without a court confirmation hearing after giving heirs a Notice of Proposed Action. With limited authority, or if an heir objects, the sale must be confirmed by the court.

With full IAEA authority, a sale often closes in 30–60 days after an offer is accepted, similar to a standard sale. A court-confirmed sale typically adds 30–60 days for the hearing to be calendared, plus time to close afterward.

You can prepare — gather documents, order a probate referee appraisal, plan repairs — but you cannot sign a binding listing or purchase agreement until the court has issued Letters Testamentary or Letters of Administration.

Costs are typically paid from estate funds. When the estate lacks cash, some costs can be deferred to closing. Your attorney should approve significant expenditures.

Most probate sales are as-is, but that does not mean unprepared. Cleaning, clearing, and modest repairs often improve the price and reduce buyer contingencies.

Heirs can object to a Notice of Proposed Action. When that happens, the sale proceeds through court confirmation, where the judge decides. Clear communication early often prevents objections.

In a court-confirmed sale, the accepted offer must be at least 90% of the probate referee's appraised value, and the appraisal must be dated within one year of the hearing.

Yes. Existing leases generally remain in force. Rent control, relocation rules, and notice requirements in Los Angeles County cities must be respected. Many tenant-occupied properties sell to investors.

No. The mortgage is a debt of the estate, not of the executor personally. However, the personal representative should keep payments, insurance, and taxes current to protect the asset.

Commissions are paid from sale proceeds at closing. In court-confirmed sales, the court approves the commission as part of the confirmation order.