The Executor’s Step-by-Step Guide to Selling a Probate Property

The Executor’s Step-by-Step Guide to Selling a Probate Property 

If you’ve been named the executor of an estate, you may find yourself suddenly responsible for selling a property through probate and unsure where to start. 

The probate sale process is unique, with court oversight, specific valuation rules, and timelines that differ from traditional real estate transactions. But with the right plan and guidance, you can complete the sale efficiently, stay compliant, and protect the estate’s value. 

Here’s a clear step-by-step guide to help executors navigate every stage of selling a probate home. 

Step 1: Confirm Your Legal Authority 

Before taking any action, make sure you have the court-issued Letters Testamentary (or Letters of Administration if there’s no will). These documents grant you the legal authority to act on behalf of the estate. 

You’ll need these to hire professionals, sign contracts, and complete the home sale. 

Step 2: Understand the Probate Sale Process 

Probate sales follow rules that differ from standard home transactions. Court approval is often required before a sale can close, and the estate’s attorney typically files petitions to authorize listing and sale. 

For a detailed overview of how the process works, read How Probate Sales Differ From Traditional Real Estate Transactions. 

If your county requires an overbid process, be prepared for an additional hearing where other buyers can submit higher offers in court. 

Step 3: Secure a Property Valuation 

The court will assign a probate referee to determine the property’s fair market value. This official appraisal becomes the baseline for your listing price and helps ensure the estate receives fair market proceeds. 

Once you have the referee’s report, you can work with your Realtor to develop a pricing and marketing strategy. 

Step 4: Prepare the Home for Sale 

Probate homes are often dated or in need of maintenance. However, you don’t need to overspend on upgrades small improvements can make a big difference. 

Focus on cost-effective updates like cleaning, decluttering, painting, and minor curb appeal improvements. For a practical guide, read How to Prepare a Probate Home for Sale Without Breaking the Budget. 

Step 5: List and Market the Property 

Once you have court authorization and a pricing plan, your Realtor will list the home on the MLS as a probate sale. The listing must disclose that court confirmation may be required. 

Your Realtor will manage showings, offers, and buyer communication while keeping you informed of all court and escrow deadlines. 

Step 6: Accept an Offer and Seek Court Approval 

When you receive an acceptable offer, your attorney will file a petition for court confirmation (if required). During the hearing, the court will approve the sale or open bidding for other buyers. 

After court approval, escrow can proceed as normal just with a few additional legal steps. 

Step 7: Close the Sale and Distribute Funds 

Once escrow closes, the proceeds are transferred to the estate account. These funds are then distributed according to the will or, if there isn’t one, under California’s intestate succession laws. 

Always retain records of the transaction for the final accounting the court will require. 

Final Thoughts 

Selling a probate property as an executor can feel complex but with the right support, it doesn’t have to be overwhelming. Focus on the required legal steps, rely on a probate-savvy Realtor, and communicate closely with the estate’s attorney to ensure compliance and efficiency. 

If you’re managing a probate sale and want guidance from someone experienced in court-supervised real estate transactions, call me directly at (619) 485-8293 or click here. 

FAQs 

Can I sell the probate home before the court appoints me as executor? 
No. You must first receive Letters Testamentary or Administration to act on behalf of the estate. 

Who pays for repairs or maintenance during probate? 
Estate funds typically cover these expenses once your authority is granted. 

Does every probate home sale need court approval? 
Not always. Some “full authority” cases under the Independent Administration of Estates Act (IAEA) can sell without a hearing. 

Can the buyer back out after court confirmation? 
Only under specific conditions. Once the court confirms the sale, the buyer is generally bound by contract. 

Disclaimer: This content is for informational purposes only and is not legal advice. For legal matters, consult a qualified probate attorney. All real estate services comply with NAR, HUD, and California DRE regulations.