When Is the Right Time to Sell Real Estate During Probate in California?

Can you sell a house in California before probate is finished? How long does it take to get Letters Testamentary or Letters of Administration to sell a house? What is the IAEA, and how does it affect selling real estate during probate? Do you have to wait for the probate referee’s appraisal before listing a probate property? What are the carrying costs of a vacant probate home? When is the best time to sell a house in probate?

By Maya Bovshow, CEO, Trust Properties USA

If you’re serving as an executor or administrator in California, one of the most challenging decisions you’ll face is determining when to sell a home that’s going through probate. The timing isn’t always intuitive—probate law adds procedural steps, mandatory waiting periods, and legal requirements that don’t exist in a traditional real estate transaction.

At Trust Properties USA, our teams have worked with thousands of families, fiduciaries, and attorneys across California. We’ve seen firsthand how the right timing can make the difference between a smooth sale and months of costly complications. This guide will help you understand the key factors that influence when you can, and should, sell a probate property.

We look forward to working with you! Contact us using the form on this page, call us at (800) 579-4380, or email: contact@trustpropertiesusa.com.

IMPORTANT DISCLAIMER: This article provides general educational information about selling real estate during probate in California and is not intended as legal advice. Laws vary by jurisdiction and change frequently. Every property situation is unique and may involve complex legal issues. Always consult with a qualified attorney licensed in your state who specializes in probate law before taking any action. The information provided here should not be relied upon as a substitute for professional legal counsel specific to your circumstances.

Can You Sell a Probate Property Before the Court Grants Authority?

No, you cannot sell a probate property until the court formally grants you authority to act on behalf of the estate. In California, this happens when the court issues official documentation—typically called Letters Testamentary (if there’s a valid will naming you as executor) or Letters of Administration (if there’s no will or you’re appointed as administrator).

Without these Letters, you have no legal authority to sign contracts, hire real estate agents, or authorize a sale—regardless of what the will says or what family members expect.

How Long Does It Take to Get Letters Testamentary or Letters of Administration?

The time it takes to receive Letters Testamentary or Letters of Administration in California varies by jurisdiction and caseload.

Most California courts schedule the initial probate hearing approximately 4 to 6 weeks after the petition is filed. If there are no objections and all paperwork is in order, the court typically issues Letters Testamentary or Letters of Administration shortly after the hearing. In counties with heavier caseloads, such as Los Angeles, this process may take longer.

This waiting period is an excellent time to prepare the property. At Trust Properties USA, we can begin cleaning, securing, evaluating needed improvements, and developing a marketing strategy well before your Letters arrive—so you’re ready to move quickly once you have authority. We can do all this work at no upfront cost to you–the money will later come out of the sale.

What Is the IAEA, and How Does It Affect When You Can Sell in California?

The IAEA (Independent Administration of Estates Act) is California legislation that significantly affects how much flexibility you have when selling estate property—and how quickly you can close a sale. You can read more about Full vs. Limited Authority in California Probate in our detailed blog. But here are the basics:

When the court appoints you as executor or administrator, you may be granted either full authority or limited authority under the IAEA. The difference is significant:

• Full Authority allows you to sell real estate without a formal court-confirmation hearing. You still must provide a Notice of Proposed Action to interested parties and wait 15 days for objections, but you can otherwise proceed with the sale on your own timeline.
• Limited Authority requires court supervision for real property transactions. This means you’ll need to petition the court, schedule a hearing, and potentially navigate an overbidding process where other buyers can make competing offers in open court.

If you have full authority, you can typically list the property within days of receiving your Letters. With limited authority, expect additional weeks or months for court scheduling and procedures.

Should You Wait Until You Have Authority to Start Preparing the Property?

No, you should not wait until you have authority to start preparing the property. In fact, the best time to prepare the home is immediately, even while you’re waiting for letters.

Even without formal authority, you can typically work with professionals to:

• Clear and secure the property
• Assess needed repairs or improvements
• Evaluate insurance requirements (a common pitfall in probate)
• Develop a marketing strategy tailored to the property’s condition and neighborhood
• Line up contractors and vendors so work can begin the moment Letters are issued

At Trust Properties USA, we front all preparation costs so the estate pays nothing upfront. This allows the home to hit the market quickly and in the best possible condition once you have the authority to sell.

Learn more about our full range of services for probate properties.

Do You Have to Wait for the Probate Referee’s Appraisal Before Listing or Accepting Offers on a House?

That depends. In California, you generally need the official Probate Referee’s appraisal as part of the Inventory and Appraisal (I&A) filing, but you can often start marketing and even accepting offers before it’s finalized, especially with Full Authority under the Independent Administration of Estates Act (IAEA).

However, confirmation might be needed if you have Limited Authority or the sale price is low. The appraisal sets the minimum price, protecting heirs, but you can often list the home and get offers, just ensure the sale meets court standards or is approved, with the referee’s valuation being a key benchmark. 

Navigating these issues is a crucial reason you need a specialized probate real estate agent like those at Trust Properties USA, as well as the advice of a qualified attorney.

What Are the Carrying Costs of a Vacant Probate Property?

The carrying costs of a vacant probate property add up quickly and can significantly reduce the estate’s value. Every week a probate property sits vacant, the estate incurs costs and risks:

• Insurance complications: Many standard homeowner policies have vacancy clauses that limit or void coverage after 30-60 days of vacancy
• Security risks: Theft, vandalism, squatters, and unauthorized entry
• Maintenance issues: Water leaks, HVAC failures, and general deterioration
• Ongoing expenses: Property taxes, utilities, HOA fees, and mortgage payments

We’ve seen estates spend thousands of dollars unnecessarily simply because they waited too long to sell. Selling sooner typically reduces exposure and helps protect the estate’s value. That’s a big reason to start preparing for the sale as early as possible. Our team can help ensure the home is secured, properly insured, and monitored from day one. This can include beginning eviction procedures on tenants, as necessary. 

We will also help you decide whether to sell quickly “as-is” or pursue a “Fix and Sell” strategy to increase the value.

Does Market Timing Matter When Selling a House in Probate?

Yes, market timing matters a great deal when selling a house in probate. Even though you’re bound by the probate timeline, you are still selling in the open real estate market.

California typically sees peak buyer demand in spring and early summer, though well-prepared probate properties can sell competitively throughout the year. Properties that go through our “Fix and Sell” improvement program often:

• Sell faster than comparable as-is listings
• Receive multiple offers
• Achieve higher final sale prices

Your strongest window generally begins the moment you receive authority to sell—which is, again, why early preparation matters so much.

How Long Does Escrow Take on a Probate Property Sale?

How long escrow takes on a probate property sale depends largely on your authority level:

• With Full Authority: Escrow typically runs about 30 to 45 days, similar to a traditional sale.
• With Limited Authority requiring court confirmation: Add several additional weeks to accommodate court scheduling and the confirmation hearing process.

Trust Properties USA handles disclosures, property access, vendor coordination, and buyer communications throughout escrow—making the process easier for everyone involved.

Are There Situations Where You Should Delay a Probate Property Sale?

Yes—there are situations where you should delay a probate property sale, even though selling promptly is often advisable. Consider waiting if you’re facing:

• Family disputes or beneficiary objections that need resolution
• Ongoing occupancy issues with tenants or family members
• Unresolved title problems that could complicate the sale
• Strategic tax or trust considerations your attorney or CPA has identified
• Repairs that may significantly increase value and can be completed quickly

Selling without a good resolution to these issues can lead to legal hassles, lost profits, and long-term family issues. We work closely with your probate attorney and other advisors to identify the optimal timing and minimize the estate’s exposure to risk.

Bottom Line: What’s the Best Time to Sell a House in Probate?

The answer is…. work with professionals in probate real estate to determine the best timing!

With the right preparation, professional guidance, and improvement plan, you can reduce the estate’s risk, accelerate the process, and maximize the final sale price.

If you’re feeling overwhelmed or unsure where to begin, we’re here to walk you through every step! If you are dealing with a property in probate or trust, call us today at 1-800-579-4380.

Best, Maya

Maya Bovshow, CEO, Trust Properties USA
Maximizing the equity your family took a lifetime to build.

FINAL REMINDER: This article is for general educational and informational purposes only. It is not intended to provide legal advice and does not create an attorney-client or client-agent relationship. Laws governing probate real estate sales in California are complex, jurisdiction-specific, and subject to frequent change. The information provided here may not reflect the most current legal developments or may not apply to your specific situation. Before taking any action related to selling real estate during probate, you should consult with a qualified attorney licensed in your state who can provide advice tailored to your unique circumstances. Trust Properties USA coordinates with qualified legal professionals but does not provide legal services or legal advice.

If you are dealing with a property in probate or trust, call us today at 📞 1-800-579-4380