What Is Probate?
Probate is the legal process of settling a deceased person's estate, including distributing their assets and paying their debts. In California, if the deceased owned real property worth more than $184,500 (as of 2026) and it wasn't held in a trust, probate is typically required before the property can be sold.
The California Probate Timeline
Standard California probate takes 6-18 months, though complex estates can take longer. The process involves filing a petition, notifying creditors, inventorying assets, and obtaining court approval for the sale. If the property needs to be sold quickly — to cover estate expenses, prevent deterioration, or distribute assets — the timeline can be a significant challenge.
Selling Property During Probate
Selling a house during probate requires court approval in most cases. The executor or administrator must petition the court for permission to sell, and the court may require an independent appraisal. In some cases, the court may require an 'overbid' process where other buyers can bid at a court hearing — adding time and uncertainty.
Alternatives to Traditional Probate Sales
If the property was held in a living trust, you may be able to avoid probate entirely and sell the property directly. Even within probate, California's Independent Administration of Estates Act (IAEA) allows executors to sell property without court confirmation in many cases, significantly speeding up the process.
How HouseFlipDude Helps with Probate Properties
Probate properties are often in less-than-ideal condition — the previous owner may have been unable to maintain the home in their final years. Our investor network specializes in buying these properties as-is. Our team has extensive experience with probate sales and can guide you through the process, working within the legal requirements while getting you competing offers for top dollar.
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