A plain-English guide for executors and administrators in Santa Clara, San Mateo and Alameda Counties
If you’ve just been named executor or administrator, you’re probably handling something you’ve never done before, while you’re grieving. That’s a lot to carry. This page walks through how a California probate works and what happens with the house, step by step. My team and I handle the real estate side so you’re not doing it alone.
I’m a REALTOR®, not an attorney. Nothing here is legal or tax advice. Your probate attorney will guide the legal steps for your estate. If you don’t have one yet, I can share names of attorneys I trust.
How long does probate take?
According to the California Courts, a formal probate “typically takes 9 to 18 months and can sometimes take even longer.” Inside that timeline, there’s usually more room than people think to make a careful decision about the house.
The three stages of a California probate
1. Opening the case
The person asking to be in charge files a Petition for Probate (form DE-111) with the court, gives notice of the hearing, and publishes notice in a newspaper. At the hearing, a judge appoints the personal representative (the executor if there’s a will, or the administrator if there isn’t).
2. Running the estate
The personal representative lists the estate’s assets on an Inventory and Appraisal (form DE-160), notifies creditors, pays debts, and handles tax returns. Creditors generally have until the later of four months after letters are first issued, or 60 days after notice is mailed or delivered to them, to file a claim (California Probate Code §9100). This is usually when the house gets sold.
3. Closing the estate
The personal representative files a final report, a final account, and a petition for final distribution. A judge holds a hearing and approves how the estate is divided among the beneficiaries.
Selling the house: two paths
How the house is sold depends on what authority the court gave the personal representative under California’s Independent Administration of Estates Act (IAEA). Your attorney will know which one you have.
Full authority: no court confirmation
With full authority, the personal representative can sell the house without a court confirmation hearing (Probate Code §10503). Before the sale, heirs and beneficiaries must receive a Notice of Proposed Action “not less than 15 days before the date specified” in the notice (Probate Code §10586). This path usually looks a lot like a regular home sale.
Limited authority or court supervision: court confirmation
With only limited authority, the sale of real property needs court supervision (Probate Code §10501). In a court-confirmed sale:
- The house must have been appraised within one year before the confirmation hearing, and the accepted offer must be at least 90% of that appraised value (Probate Code §10309).
- At the hearing, other buyers can overbid. The first overbid must be at least 10% more on the first $10,000 of the original offer, plus 5% more on the amount above that (Probate Code §10311).
Example: If the accepted offer is $1,000,000, the first overbid must be at least $1,050,500. That’s $1,000 (10% of the first $10,000) plus $49,500 (5% of the remaining $990,000), added to the $1,000,000 offer.
Your options for the house
Most families have three choices. I’ll run the real numbers on all three for you, at no cost and no obligation.
- Cash sale, as-is. Fastest, with no repairs and no showings. The trade-off: cash buyers expect a discount for that convenience.
- List as-is on the open market. The house is marketed to all buyers in its current condition. More time and some showings, but a wider pool of buyers often means stronger offers.
- Repair and list. Targeted updates first, like paint, flooring, landscaping and staging. This can increase what the estate nets, in the right market. The trade-off: upfront cost and extra weeks before listing. I coordinate the crews so you don’t have to.
You don’t have to manage it all
You don’t have to find and manage a dozen different people. I have a full team I trust: probate attorneys, appraisers, movers, clean-out crews, an estate sale specialist, contractors, painters, repair people, and my own escrow team. I coordinate every piece, so you’re not handling all of it on top of everything else.
Want to see what that looks like? Read about families I’ve helped, or see our Probate FAQ & Glossary.
Talk to me before you decide anything
You don’t need to have anything decided to call me. If you have a question about the process, your options, or what the property might be worth, I’m here. No pressure and no obligation.
Helen K. Burke, REALTOR® | Seller Specialist
Intero Real Estate Services | DRE #01175866
Call or text 408-835-8967 | helen@helenkburke.com
Sources: California Courts Self-Help, “If you need formal probate” (selfhelp.courts.ca.gov/probate/formal-probate); California Probate Code §§9100, 10309, 10311, 10501, 10503, 10586. Laws change, so confirm the details for your estate with your probate attorney.