Question 1

What is probate and when is it required in California?

Accepted Answer

Probate is the court-supervised legal process for administering a deceased person's estate. It is generally required when a person dies owning real property or significant assets solely in their name, without a trust. California probate is supervised by the Superior Court.

Question 2

When can a probate property be listed for sale in California?

Accepted Answer

Once Letters Testamentary or Letters of Administration are issued by the court — typically within 5-6 weeks of filing — the personal representative has legal authority to list and sell the property. You do not need to wait for the full probate process to complete.

Question 3

How long does probate take in California?

Accepted Answer

A general rule of thumb is approximately 9-18 months in California, though simpler estates can sometimes be resolved in 6 months and complex ones can take several years.

Question 4

Does selling a probate property require court confirmation in California?

Accepted Answer

It depends on IAEA authority. With full authority, the personal representative can sell without court confirmation. With limited authority, court confirmation is required. Your probate attorney will determine which applies.

Question 5

Can a probate property be sold as-is in California?

Accepted Answer

Yes — probate properties are often sold in as-is condition, particularly when the estate lacks funds for repairs or when a quick sale is the priority. However, the seller is still required to disclose known material defects.

Question 6

What is the difference between probate and a trust sale?

Accepted Answer

When a property owner dies with a properly funded living trust, the property passes to the successor trustee without going through probate — no court oversight required. Trust sales are typically faster and simpler than probate sales.

Question 7

How do I find a probate real estate agent in the San Gabriel Valley or Orange County?

Accepted Answer

Jack Ma is a Certified Probate & Trust Specialist (DRE #01869426) serving the East San Gabriel Valley, Chino Valley, and North Orange County. Call 909.610.5188 for a free no-obligation property evaluation.

Question 8

What is IAEA in California probate real estate?

Accepted Answer

IAEA stands for Independent Administration of Estates Act. It allows a personal representative with full authority to sell real property without court confirmation, subject to heir notification requirements. Limited authority requires court confirmation of the sale.

Question 9

Can heirs receive distributions before the estate is fully settled?

Accepted Answer

In many cases yes. California probate law generally allows for partial distributions during the administration period. Your probate attorney can advise on whether interim distributions are appropriate.

Probate FAQ & Glossary