Can you sell a house during probate in California? Yes. The executor or administrator named by the court can sell it, but how the sale works depends on the authority the court gave them. With full authority, the sale can often close without a court hearing. With limited authority, or if someone objects, the court has to confirm the sale, and other buyers may be able to bid against the first buyer.I am Travis VantVoort, a REALTOR® with Coldwell Banker Realty, and I live in Newark. I work with buyers and sellers in Fremont, Newark and Union City. I am not an attorney, and a probate sale should always involve a probate attorney. I have handled several probate sales. My part is the real estate side: pricing the home, preparing it, marketing it and managing the sale and escrow with the executor and the attorney. I also offer to act as a project manager for the family, handling the estate sale, the clean-out and any repairs or renovations, and my clients appreciate having one person to coordinate it.This guide is written for executors, administrators and families who are dealing with a loved one's home in Alameda County.

When does a house go through probate, and who can sell it?

Not every home goes through probate. According to the California Courts self-help site, probate can often be avoided for property in a living trust, property held in joint tenancy, transfer-on-death property, and community property that passes to a surviving spouse or domestic partner. For a person's main home in California, a simpler court process may be available if the value is within a limit, which the site lists as $750,000 for deaths on or after April 1, 2025. These rules are specific, so ask a probate attorney which one applies.If the home does need probate, only a person the court has appointed can sell it. That person is the executor if there is a will, or the administrator if there is not. The court gives them official documents, called letters, that show their authority, and the title company will ask for them. Heirs and family members cannot sell the home on their own before that, and I do not list a probate home until the attorney confirms who has authority to sell.

Two ways a probate sale can work

Does the court have to approve a probate sale? It depends on the executor's authority.1. Full authority: usually no court hearing. Under California's Independent Administration of Estates Act, an executor with full authority can generally sell a home without a hearing. They first send a notice of proposed action to the people who have an interest in the estate, who have 15 days to object. If nobody objects, the sale can move ahead like an ordinary sale. If someone objects, the sale can be pushed into court.2. Limited authority or an objection: court confirmation. In this case the court must approve the sale before the title passes. Here is what that usually involves:

A price floor. A probate referee appraises the home, and an offer generally has to be at least 90% of that appraised value. The appraisal needs to be dated within a year of the hearing.
Overbids. At the confirmation hearing, other buyers can bid against your buyer, even one who has already agreed to a price and arranged financing. One attorney's guide gives the minimum first overbid as 10% of the first $10,000 plus 5% of the rest, but local courts set their own rules, so confirm them with your attorney.
No contingencies. Courts generally do not accept conditional offers, so inspections and financing should be done before the hearing.
Deadlines. The sale is reported and the petition filed within 30 days after the sale, and the heirs get notice at least 15 days before the hearing.
Commissions. The court approves real estate commissions.

Because the buyer can be outbid, a confirmed sale is not final until the judge approves it. Some buyers avoid probate sales for that reason, and I tell buyers up front how the process works.

The steps of a probate sale

How long does a probate sale take? A sale with full authority can move faster. A court-confirmed sale often takes several months, because it follows court notice and hearing dates. The home also has to be appraised, and the attorney has to complete the court filings. Here is the usual order:

Confirm authority. The probate attorney confirms that the court has appointed the executor or administrator and what authority they have.
Get the appraisal. The probate referee appraises the home, and that value sets the price floor in a court-confirmed sale.
Walk the home. I look at the house with the executor, note its condition and see what has to be done with the belongings.
Price and prepare. I compare the home with recent Fremont-area sales, and we decide what to clean out, repair or leave as-is. If you want, I act as project manager for the estate sale, the clean-out and any repairs or renovations.
List and market. I market the home, and the attorney reviews offers and the listing terms.
Notice and approval. The attorney sends the required notices. If the court has to confirm the sale, it files the petition and sets the hearing.
Escrow and closing. After approval, or if none is needed, the sale closes through escrow and the title company records the paperwork.

The proceeds generally are not paid out to beneficiaries right away, because the estate has to pay its debts and expenses first. The attorney will explain the timing.

Preparing and pricing the home

Do you have to make repairs before a probate sale? No. Executors often sell an estate home as-is, and the right choice depends on the home, the estate's cash and the timeline. I walk through the house, tell you what I think is worth doing and what is not, and the attorney approves any spending. Many estate homes are older and need more than a quick cleanup. If repairs or renovations make sense, I can manage them too, coordinating licensed contractors and keeping the executor and attorney informed. The executor and attorney approve the costs and the contractors.Personal belongings. Sorting, donating and removing belongings can take longer than the sale itself, so start early, with the family's agreement and the attorney's guidance. This is where I act as project manager: I coordinate the estate sale and the clean-out, and I do not hire anyone without the executor's approval.Disclosures. According to the California Civil Code, transfers by a fiduciary administering a decedent's estate are exempt from the Transfer Disclosure Statement requirement. That does not remove the duty to disclose known material facts about the home, so tell me and the attorney about any problems you know of. Natural hazard and other disclosures may also apply, and the attorney can advise.Pricing. In the 12 months from October 21, 2025 to October 21, 2026, 863 houses sold in Fremont, with a median price of $1,715,000, a typical 10 days on the market, and about 64% sold above list. The median year built was 1966. Those are citywide medians from my MLS data, and they do not include condition or probate status, so I price each home from recent sales of similar homes.

Common mistakes to avoid

Listing before authority is confirmed. Only the court-appointed executor or administrator can sell. Check with the attorney first.
Treating the sale as final too soon. In a court-confirmed sale, the price is not final until the judge approves it.
Ignoring the notice periods. Missing the notice or filing deadlines can delay the sale.
Clearing out the home without a plan. Talk to the family and the attorney before anything is thrown away, given away or sold.
Skipping the attorney. Probate rules and court practices vary, and the attorney handles the legal side.

Probate sales in Fremont: common questions

Who can sell a house in probate? Only the executor or administrator the court has appointed, using their letters as proof of authority.Do all probate sales need court approval? No. A sale with full authority can often close without a hearing if nobody objects to the notice. Limited authority, or an objection, usually means court confirmation.Can someone outbid my buyer? In a court-confirmed sale, yes. Other buyers can bid at the hearing, so a buyer's offer is not final until the judge approves it.Do I need to fix the home first? No. Many estate homes are sold as-is. We talk through what is worth doing, and the attorney approves any spending.Can you handle the estate sale, clean-out and renovations? Yes, if you want me to. I act as a project manager for the family and coordinate those tasks, and the executor and attorney approve the costs.What should I do first? Talk to a probate attorney, then call me. We can look at the home and what it might sell for.

Need to sell a home in probate in Fremont, Newark or Union City?

I am happy to talk it through with no pressure and to work with your attorney. I can look at the home, estimate what it might sell for, explain the real estate steps and manage the estate sale, clean-out and any work on the home if you would like.

Phone: (510) 737-2220
Email: travis@vantvoort.com

Travis VantVoort, REALTOR®, Coldwell Banker Realty, DRE# 02206082This article is general information and not legal, tax or financial advice. I am not an attorney. Probate rules and court practices change and vary, so please talk to a probate attorney about your own situation. Price and market figures are estimates based on MLS median values for closed sales from October 21, 2025 to October 21, 2026.

Travis VantVoort REALTOR® Area served: Union City, Alameda County, CA, Newark, Alameda County, CA, Fremont, Alameda County, CA, Milpitas, Santa Clara County, CA, Pleasanton, Alameda County, CA, Dublin, Alameda County, CA, Livermore, Alameda County, CA, Hayward, Alameda County, CA, Castro Valley, Alameda County, CA, Sunol, Alameda County, CA Expertise: Downsizing, First-Time Buyer, Fixer-Uppers, 1031 Exchanges, Historic Homes

Selling a House in Probate in Fremont, CA