Practice Area · 01
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.
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.
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
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.