How probate real estate works in California.

Probate begins when someone (often the named executor) files a petition with the Superior Court in the county where the decedent lived. After a hearing, the court issues Letters Testamentary or Letters of Administration — the document that proves you have legal authority to act for the estate.

Until Letters issue, you generally cannot list the home for sale. You can, however, start preparing — and I'm happy to help at this stage at no cost.

Under California's Independent Administration of Estates Act, the court grants either Full or Limited Authority. The difference is meaningful:

• Full Authority: the home can be sold without a court confirmation hearing, after a 15-day Notice of Proposed Action.
• Limited Authority: the sale must be confirmed in court, exposing the accepted offer to overbid.

Authority isn't always your choice — the level granted depends on whether there's a will, what the will says, and whether any heir objects. Pricing strategy changes significantly between the two.

Most probate homes have lived a long life. The question is never "renovate or don't" — the real question is what spending will the estate get back, doubled, at the sale? Sometimes the answer is paint and a deep clean. Sometimes the answer is just opening the windows and showing the home AS-IS.

I coordinate cleanouts, estate sale companies, contractors, and photographers — and I never push improvements the estate doesn't need.

The home is marketed with full disclosure that the sale is a probate sale. Probate buyers exist — investors and primary-residence buyers both — and they expect AS-IS terms and longer timelines.

Once we have a strong offer, the path forks based on your authority.

If the sale requires confirmation, the court schedules a hearing 30–45 days out. Anyone may show up and overbid. The minimum overbid in California is 10% of the first $10,000 + 5% of the remainder of the accepted offer (commonly summarized as "10% + $10K"). This is why initial pricing matters so much — price too low and you invite overbids, too high and you sit.

Once confirmed (or, with Full Authority, after the Notice of Proposed Action period), escrow proceeds like a standard sale.

• Don't remove or sell personal property before talking to the attorney.
• Don't cancel homeowners insurance — vacant home policies matter.
• Don't accept an investor's "we'll buy the home cash today" offer before the home has been valued.
• Don't sign listing paperwork before Letters are issued.
• Don't pour money into renovations without a probate-aware pricing strategy.