Court Confirmation & Overbids
When a sale requires court approval, the hearing is where it becomes final — and where other buyers can compete.
When confirmation is required
A sale must be confirmed by the court when the personal representative has limited IAEA authority, when an heir objects to a Notice of Proposed Action, or when the will or the court requires it.
Before the hearing
After an offer is accepted, your attorney files a Report of Sale and Petition for Order Confirming Sale. The hearing is usually set 30 to 45 days out. The offer must be at least 90% of the probate referee's appraised value, with the appraisal dated within one year.
At the hearing
The judge reviews the petition and then asks whether anyone in the courtroom wishes to overbid. If no one does, the original buyer's sale is confirmed.
How overbids are calculated
The first overbid must be at least the accepted price plus 10% of the first $10,000 plus 5% of the remainder. For example, on a $800,000 accepted offer, the minimum opening overbid is $800,000 + $1,000 + $39,500 = $840,500. Subsequent bids rise in increments set by the court.
Overbidders must bring a cashier's check for 10% of their bid and be prepared to purchase on substantially the same terms.
After confirmation
The court signs the Order Confirming Sale, which is delivered to escrow. Closing generally follows within a few weeks. Broker commissions are approved by the court as part of the order.
Talk through your situation, confidentially.
A consultation is free and carries no obligation. We will explain where you are in the process and what comes next.