The answer to the often-asked question “Can a house be sold while it is in probate in Sacramento California?” is “Yes.”
But you must adhere carefully to your state’s pertinent rules and regulations. The probate court will monitor every step and all aspects of the sale, and if you’re the executor, you, too, must monitor and approve all the terms of the sale. It can be a complex process, but understanding it will make things a little smoother.
Can A House Be Sold While In Probate In Sacramento California?
Selling a house in probate can be complex, but understanding the process helps ensure a smooth sale. Below is an overview of the key steps involved in selling a property in probate under California probate law.
Appointment of Administrator/Executor
If the decedent left a will naming an executor, that person is responsible for handling the estate. However, if no executor is designated or willing to serve, the California probate court or the deceased’s closest relatives will appoint an administrator. The administrator functions similarly to an executor but may have to seek court approval for certain actions.
Appraisal
Next, the property must be appraised by a licensed probate referee. This is a court-appointed appraiser who determines the fair market value of the property. Under California probate law, the house must sell for at least 90% of the appraised value. Choosing an experienced appraiser is crucial to ensuring the property is accurately valued.
Sale Process
At this stage, the question of “Can a house be sold while it is in probate in California?” starts to take shape. The executor or administrator must follow these steps:
- Listing the Property – The home is typically listed on the Multiple Listing Service (MLS) to attract potential buyers.
- Receiving Offers – Buyers submit offers, typically accompanied by a 10% deposit. The executor or administrator can accept or reject any offer.
- Court Confirmation – If an offer is accepted, the probate attorney submits it to the court for approval. If all heirs agree to the terms, a court date is set for the final sale confirmation.
Once the court confirms the offer, a Notice of Proposed Action is sent to all heirs. They have 15 days to review the sale terms and object if necessary. If there are no objections, the sale moves forward without a hearing.
Overbidding Process
Probate sales include a unique overbidding process during the court hearing:
- The judge will invite higher bids in the courtroom before confirming the sale.
- If a new bidder offers more, the original buyer’s deposit is refunded, and the new buyer must submit a 10% deposit via cashier’s check.
- The court then confirms the winning bid, and the executor/administrator finalizes the sale.
- There are no contingencies in probate sales, and escrow typically closes within 15 days after court approval.
Need to Sell a Probate Property?
Navigating California’s probate sale rules can be overwhelming, which is why working with an experienced probate real estate specialist can help. If you need to sell a home in probate quickly and hassle-free, contact Laurel at Laurel Buys Houses or call 916-476-2381. We specialize in helping families sell probate properties efficiently, offering fair cash deals with no repairs or commissions required.