The probate process in California typically takes 9–18 months, and heirs must complete key milestones—petition filing, executor appointment, property appraisal, court approvals, and notice requirements—before selling. Understanding each step helps heirs plan ahead, avoid delays, and protect equity.
Probate Timeline in California: What Heirs Need to Know Before Selling
Inheriting a home can bring financial opportunity—but when probate is required, many sellers are caught off-guard by how long and procedural the process is. California probate is structured, legally strict, and can affect when (and how) you sell the property.
If you’re an heir preparing to sell, here’s a clear breakdown of what to expect at every stage of the probate timeline so you can avoid setbacks and sell smoothly.
1. Filing the Petition for Probate (Week 1–4)
The process begins when someone (usually a spouse, adult child, or nominated executor) files a Petition for Probate with the county court.
Why this matters for selling:
You cannot legally list or sell the property until an executor or administrator is officially appointed.
2. Court Hearing & Appointment of Executor/Administrator (4–8 Weeks)
A hearing is scheduled to officially appoint the executor named in the will—or, if no will exists, an administrator.
Letters Testamentary or Letters of Administration are issued, granting legal authority to manage the estate, including selling the home.
Why this matters:
These documents give you the power to hire an agent, order inspections, and prepare the home for sale.
3. Property Appraisal by a Probate Referee (4–6 Weeks After Appointment)
California requires that estate property be professionally valued by a state-licensed Probate Referee.
This sets the official value used for:
- sale approvals
- tax calculations
- distribution to heirs
Why this matters:
Probate sales in California usually must sell for at least 90% of the appraised value.
4. Notice to Creditors (120 Days)
The executor must notify all known creditors and publish a public notice. Creditors then have four months to file claims.
Why this matters:
This period is mandatory and cannot be skipped—even if you’re ready to sell.
5. Preparing the Home for Sale (Runs Concurrently)
During the creditor claim period, heirs can:
- clean out the property
- coordinate inspections
- make light repairs
- obtain a Comparative Market Analysis
- begin interviewing agents
Pro Tip: Probate homes often sell “as-is,” but minor improvements like deep cleaning, yard work, and professional photography have significant ROI.
6. Listing the Home for Sale (After Receiving Legal Authority)
Once the executor has Letters Testamentary/Administration and the appraisal is complete, the property can be listed.
Two types of probate sales:
- Full Authority (Independent Administration of Estates Act – IAEA) → No court confirmation needed
- Limited Authority → Court-approved offer required
7. Accepting an Offer (Varies)
For IAEA full-authority probate, the executor can accept offers like a traditional sale.
For limited authority, the sale may require:
- overbidding process
- court confirmation hearing
- minimum bidding increments
8. Court Confirmation (If Required)
If court confirmation is part of your case, expect:
- additional 30–75 days for scheduling
- public auction-style overbid process
9. Closing the Sale (30–45 Days)
Once the offer is approved, the escrow process begins. Probate escrows often require:
- certified court documents
- verified Letters Testamentary
- confirmation of creditor claims
- probate referee valuation
Escrow in probate tends to be slightly longer than standard transactions.
10. Distribution of Funds & Final Court Approval
After the sale closes, proceeds go into the estate account—not directly to heirs. The executor must:
- pay remaining debts
- file final accounting
- request court approval for distribution
Only after the court approves the final settlement do heirs receive their share.
How Long Does Probate Take in California?
Most cases fall into one of these ranges:
- Simple estates: 9–12 months
- Moderate complexity: 12–18 months
- Litigation or property disputes: 18+ months
How to Sell Faster & Avoid Delays
✔ Choose a real estate agent experienced in probate
Probate sales require unique contracts, disclosures, and court-specific procedures.
✔ Start preparing the property early
Use the creditor claim period to get ahead.
✔ Keep documentation organized
Missing court documents is one of the most common causes of probate delays.
✔ Communicate consistently with the probate attorney
Executor, attorney, and agent should work as one team.
Conclusion
Selling a home through probate in California requires patience—but understanding the timeline helps you avoid costly mistakes, protect the estate’s equity, and move through the process with clarity. By planning ahead and working with experienced professionals, heirs can sell efficiently and confidently.
Need help selling a probate property in Southern California?
ListWizer specializes in smooth, compliant probate sales that protect your equity and reduce stress.
Book a call today to get a free probate-ready home value review.
Sources & References
- California Courts – Probate Overview
- Judicial Council of California – Probate Forms & Timelines
- California State Controller – Probate Referee System
- Nolo – California Probate Basics
