Selling a Probate Property
If you have been appointed to handle a loved one's estate, the house is often the largest — and most emotional — asset. Here is what selling it involves.
Your role as personal representative
The court appoints a personal representative — an executor if named in the will, an administrator if not. Once the court issues Letters, you have legal authority to act for the estate. You owe the estate a fiduciary duty: to protect its assets, act impartially among heirs, and obtain a fair price.
You are not expected to know real estate or probate procedure. Your attorney guides the legal side; a probate-experienced broker handles the property, the market, and the paperwork that must align with the court file.
Full vs. limited authority under the IAEA
Most Los Angeles estates are administered under the Independent Administration of Estates Act. Your Letters will state which level of authority you hold:
- Full authority allows you to sell real property without a court hearing. You send heirs a Notice of Proposed Action (DE-165); if no one objects within 15 days, you may close much like a standard sale.
- Limited authority requires the sale to be confirmed by the court at a hearing, where other buyers may overbid.
Preparing the property
Before listing, the probate referee appraises the property, and we help you secure, insure, clear, and present it. Modest preparation — cleaning, clearing personal property, basic repairs — often pays for itself. Significant expenditures should be approved by your attorney.
Typical timelines
- Appointment and Letters: commonly 3–6 months after the petition is filed.
- Preparation and listing: 2–6 weeks.
- Full authority sale: often 30–60 days from accepted offer to close.
- Court-confirmed sale: add roughly 30–60 days for the hearing, then 2–4 weeks to close.
Selling tenant-occupied property
An existing lease survives the owner's death. The estate steps into the landlord's role, and tenants keep their rights under state law and any local rent stabilization ordinance (Los Angeles, Glendale, Beverly Hills, and other cities have their own rules). Options include selling to an investor with the tenant in place, negotiating a voluntary move-out, or — where lawful — serving proper notice. We coordinate showings respectfully and with required notice.
Next, see the probate sale process step by step, or how court confirmation works.
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.