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Probate
Real Estate Sales

When a decedent's estate includes real property, the sale must comply with California Probate Code and withstand court scrutiny. We operate exclusively in this environment — where errors have legal and financial consequences for the estate and its beneficiaries.

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Authority Types

Full vs. Limited Authority

The Independent Administration of Estates Act (IAEA) determines how a probate sale must be conducted. Understanding your authority type is the first step in every engagement.

Full Authority

Full IAEA Authority

The executor or administrator has broad powers to sell without court confirmation. A Notice of Proposed Action (NOPA) must be sent to all beneficiaries with a 15-day objection window.

  • No court confirmation hearing required
  • NOPA sent to heirs — 15-day objection period
  • Faster close timelines when no objections filed
  • Appraisal still required for pricing defensibility
  • Escrow coordinates directly with estate counsel
Limited Authority

Limited IAEA Authority

The sale requires a court confirmation hearing. After an offer is accepted, the estate must petition the court, publish notice, and appear at a hearing where overbids are permitted.

  • Court confirmation hearing required
  • Publication and notice to all parties mandatory
  • Overbidding permitted — opening bid formula applies
  • Confirmation petition prepared and filed by counsel
  • Escrow holds pending court order issuance

Overbid Formula — How Court Confirmation Works

When a sale requires court confirmation, California Probate Code §10309 dictates the minimum overbid required to displace the accepted offer at the confirmation hearing.

Accepted Offer Price

$800,000

10% of first $10,000$1,000
5% of remaining $790,000$39,500
Minimum Opening Court Bid$840,500

What This Means for Your Sale

The overbid formula protects the estate by ensuring court confirmation results in higher net proceeds than simply accepting any offer. Our strategy accounts for this dynamic at the offer acceptance stage — not after the fact.

  • We advise on offer acceptance with overbid dynamics in mind
  • Confirmation petitions prepared in coordination with estate counsel
  • Buyers are coached on the confirmation process before acceptance
  • Escrow is structured to align with statutory deadlines

Probate Sale Timeline

From Order to Close

Every stage is designed to produce documentation and outcomes that survive court scrutiny.

Week 1–2

Case Intake & Authority Verification

We review Letters Testamentary or Letters of Administration, confirm IAEA authority level, and identify all beneficiaries who must receive notice. Estate counsel is looped in immediately.

Week 2–3

Probate Referee Appraisal

California requires a court-appointed Probate Referee appraisal. We coordinate scheduling and ensure our pricing strategy is defensible in relation to the appraised value.

Week 3–6

Controlled Market Exposure

We market the property while documenting all buyer contacts, showings, and offers — creating an auditable trail of market exposure that strengthens the estate's legal position.

Upon Offer

Offer Selection & NOPA / Petition

For Full Authority sales, a Notice of Proposed Action is issued. For Limited Authority, counsel files the confirmation petition. We prepare all supporting documentation.

If Required

Court Confirmation Hearing

We attend or support the confirmation hearing, manage any overbid scenarios, and ensure escrow is positioned to close immediately upon court order issuance.

Close

Escrow & Final Accounting

Escrow closes with full documentation aligned to estate counsel's final accounting requirements. Proceeds are distributed per the court's direction.

"Structured to survive confirmation."

Whether your estate holds Full or Limited authority, the complexity of a probate sale demands a broker who operates exclusively in this environment.

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