What happens if a California resident owned real property in another state?
California probate courts have jurisdiction over California assets.
If the decedent owned real estate in another state, an ancillary probate proceeding is typically required in that state to transfer title.
Conversely, if a non-California resident owned California real property, a California ancillary probate may be required in a California Superior Court.
Does all property have to go through probate in California?
No.
Under California law, many assets pass outside probate, including:
● Joint tenancy property
● Community property with right of survivorship
● Revocable living trust assets
● Payable-on-death (POD) bank accounts
● Transfer-on-death (TOD) securities
● Life insurance with named beneficiaries
● Retirement accounts with named beneficiaries
● Real property transferred by Transfer-on-Death (TOD) deed
California also provides simplified procedures for:
● Small estates (under statutory thresholds)
● Real property under certain value limits
● Spousal property petitions
Is selling a home in a California probate different from a traditional sale?
Yes, depending on the authority granted to the personal representative.
In California, the sale of probate real estate is governed primarily by the Independent Administration of Estates Act (IAEA).
There are two types of authority:
1. Full Authority under IAEA
● No court confirmation required.
● Notice of Proposed Action must be sent to heirs and beneficiaries.
● If no objection is received within 15 days, the sale may proceed.
2. Limited Authority
● Court confirmation is required.
● The sale is subject to overbidding in open court.
● Minimum overbid formulas apply.
Additionally:
● The personal representative must be formally appointed and receive Letters
Testamentary or Letters of Administration before listing or selling property.
● Probate disclosures differ because the representative typically has no personal
knowledge of the property condition.
When can probate real estate be sold in California?
Real property may be sold:
● To pay estate debts,
● To facilitate equal distribution among heirs,
● If authorized by the will,
● If in the best interest of the estate.
The personal representative must first:
1. Be appointed by the court.
2. Receive Letters Testamentary or Letters of Administration.
3. Determine authority under IAEA (full or limited).
Court confirmation is required only if the representative has limited authority or if objections are
filed.
How does real estate ownership affect probate in California?
Real property may:
● Pass outside probate (joint tenancy, trust, TOD deed, community property with right of
survivorship),
● Be transferred to heirs through probate,
● Be sold during probate.
Title vesting is critical in determining whether probate is required.
What is the process for an executor to sell property in California?
1. Petition for probate and appointment.
2. Receive Letters Testamentary or Administration.
3. Determine authority (Full or Limited IAEA).
4. List the property.
5. Obtain an appraisal (Inventory and Appraisal by probate referee).
6. Accept offer.
If Full Authority:
● Send Notice of Proposed Action.
● Wait 15 days.
● Close escrow if no objections.
If Limited Authority:
● Petition court for confirmation.
● Attend confirmation hearing.
● Allow overbids.
● Court confirms highest qualified bid.
Disclaimer: The information on this page is for general informational purposes only and is not legal, tax, or financial advice. Real estate agents are not attorneys. Probate and estate laws vary by state, and you should consult a qualified attorney for advice regarding your specific situation.