How to Sell a House in Probate in California (and Whether Heirs Must Agree)

3-minute read

If you are asking how to sell a house in probate in California, the first question is not price or timing. It is what kind of authority the court gave the personal representative (the executor or administrator). That one detail decides whether the sale needs a judge at all.^[1]

Step 1 to sell a house in probate in California: check the authority on the Letters

California’s IAEA lets a personal representative run the estate with less court involvement.^[2] The authority comes in two forms: full or limited.^[1] Limited authority covers most estate tasks but not selling, exchanging, or optioning real property, or borrowing against it.^[3]

Limited authority means the house sale goes through the court-confirmation process.

Step 2 (full authority): The Notice of Proposed Action

With full authority, the personal representative sends a Notice of Proposed Action (Judicial Council form DE-165) before selling. It goes to each known heir or devisee whose interest would be affected, anyone who filed a request for special notice, and, in escheat cases, the Attorney General.^[4] The notice must be delivered at least 15 days before the date set for the action.^[5]

The form tells recipients that a sale without court supervision will not be presented to the court for confirmation, and that anyone who does not object in writing or get a court order is treated as having consented.^[1]

Silence counts as consent. Heirs do not need to sign anything for the sale to go forward.

Can an executor sell a house in probate in California without all heirs agreeing?

Yes, but an objecting heir changes the route. If the personal representative receives a written objection or a restraining order, an action that would otherwise need court supervision can only be taken under the Probate Code’s court-supervision rules.^[6] The form says it plainly: if you object, the action may be taken only under court supervision.^[1]

Under court supervision, the judge looks at the necessity for the sale or its advantage to the estate, and at whether the representative worked to get the highest and best price reasonably attainable. Any interested person may file written objections at or before the hearing and testify.^[7]

An objection does not veto the sale. It moves the decision to a judge.

Step 3 (court supervision): What a confirmed sale looks like

For a private sale under court supervision, notice of the sale is generally published in a newspaper in the county where the property sits, with some exceptions.^[8] The court can confirm a private sale only if the property was appraised within one year before the hearing and the offer is at least 90 percent of the appraised value (with limited exceptions).^[9]

At the hearing, a written overbid from a responsible person must be accepted if it beats the original bid by at least 10 percent of the first $10,000 plus 5 percent of anything above $10,000, subject to the court’s discretion to order a new sale.^[10] Agent commissions are not counted when the court compares bids.^[10]

For agents and buyers, a court-confirmed sale means your accepted offer can still be outbid in the courtroom.

What this means for agents and investors

Ask for a copy of the Letters early and look for “full authority” or “limited authority.” That tells you whether to plan for a 15-day notice period or a confirmation hearing with possible overbids. Talk to the estate’s attorney about which path applies before you set expectations with a seller or buyer.

If you want a repeatable system for finding and working these files, see EPCAS. The Probate Lab serves agents and investors in all 50 states.

This is real estate education, not legal advice. Probate rules turn on the facts of each estate; work with a California probate attorney on any specific file.

Sources

1. Judicial Council of California, Form DE-165, Notice of Proposed Action (Objection—Consent). courts.ca.gov
2. Cal. Probate Code § 10400 (Independent Administration of Estates Act). Text of official section
3. Cal. Probate Code § 10403 (limited authority defined). Text of official section
4. Cal. Probate Code § 10581 (persons entitled to notice of proposed action). Text of official section
5. Cal. Probate Code § 10586 (15-day notice). Text of official section
6. Cal. Probate Code § 10589 (effect of objection or restraining order). Text of official section
7. Cal. Probate Code § 10310 (hearing on confirmation; objections). Text of official section
8. Cal. Probate Code § 10300 (publication of notice of sale). Text of official section
9. Cal. Probate Code § 10309 (appraisal and 90 percent rule for private sales). Text of official section
10. Cal. Probate Code § 10311 (overbids at confirmation hearing). Text of official section

Statute text is from the California Legislature’s official code (leginfo.legislature.ca.gov) as reproduced by public.law. Every source above was checked against the original on October 8, 2026.