Can You Sell a Probate Property Before the Process Is Complete?

One of the most common questions we get from families going through probate is:
“Do we have to wait until the probate process is done to sell the home?”

The answer is: No, you can sell the property during probate as long as you have the right legal authority and follow the court’s requirements.

Let’s break it down.

Understanding the Probate Timeline

Probate in Los Angeles or Orange County can take anywhere from 9 to 18 months (sometimes longer). During that time, assets can’t be distributed to heirs—but they can be sold, including real estate.

When Can You Sell a Home During Probate?

You can sell the home after an executor or administrator is officially appointed and receives:
- Letters of Administration (no will), or
- Letters Testamentary (with a will)

Once you have that authority, you can legally enter into a listing agreement and accept offers on behalf of the estate.

The Two Paths: Full Authority vs. Limited Authority

✅ Full Authority (Under IAEA)

- No court confirmation required
- You can list, accept offers, and close the sale
- You’ll need to notify heirs of the accepted offer (via Notice of Proposed Action)

⚠️ Limited Authority

- Court confirmation is required
- A hearing date is set (usually 30–60 days out)
- Overbidding is allowed during the hearing

Read: Do You Need Court Confirmation to Sell a Probate Property? (/probate-sale-court-confirmation-los-angeles-orange-county)

What If You’re Still Early in the Probate Process?

You can still prepare the property for sale:
- Clean it out
- Order an appraisal
- Coordinate light repairs or staging
- Begin marketing preparation

This helps speed up the sale once authority is granted.

Read: Preparing a Probate Home for Sale (/preparing-probate-home-sale-los-angeles-orange-county)

Does the Sale End the Probate Case?

No. Even after the home is sold:
- Debts may still need to be paid
- The rest of the estate must be settled
- Final distribution must be approved by the court

The real estate sale is just one part of the probate process—but it’s often the most urgent, especially if carrying costs are high.

Let Our Team Guide You

At The Borges Real Estate Team, we specialize in helping families sell homes during probate in Los Angeles and Orange County with or without court confirmation.

We’ll walk you through the timing, clean-up, and legal steps so you’re fully protected every step of the way.

Schedule your free probate strategy call today, and let’s build a timeline that works for your family and the estate.