Why This Question Matters

Families often face financial pressure after a loved one’s passing and may want to sell property quickly. However, California probate law places specific restrictions on when and how an estate’s real estate can be sold.

The Short Answer

Yes, you can sell a house during probate — but not before certain legal steps are completed. The executor or administrator must first be officially appointed by the court and receive authority (through Letters Testamentary or Letters of Administration) to act on behalf of the estate.

What Must Happen First?

• File for probate – The process begins by filing with the court in the county where the decedent lived.
• Appoint an executor or administrator – Only this court-approved individual has the authority to sell estate property.
• Obtain court approval (if required) – Some probate sales must be confirmed in court, especially if full authority is not granted under the Independent Administration of Estates Act (IAEA).

Independent vs. Court-Supervised Sales

If the executor is granted full authority under the IAEA, they can often sell the property without court confirmation, as long as they notify heirs and interested parties. If only limited authority is granted, the sale must be confirmed by the court before closing.

Key Takeaways

• You cannot sell a probate property before an executor or administrator is officially appointed.
• Sales during probate are possible, but the process depends on the level of authority granted by the court.
• Working with a probate real estate specialist ensures compliance and prevents costly mistakes.