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Probate

Probate is the legal process through which the court makes sure that when a person dies, their debts are paid and their property is distributed according to their will. If the individual does not have a will, the State will provide one for them, however it may not be what they would have wanted.

Probate is not an automatic procedure. In the State of California, probate only occurs if the assets in the estate of the descendant are greater than $167,000. Probate can even take control while the individual is still alive, such as if they become disabled or incompetent. Probate can also become involved with minor children if both parents die or become disabled or incompetent or if a minor inherits or becomes an owner of property.

Probate is the only legal way to transfer the title of property when the person whose name is on the title cannot legally sign their name because of disability, incompetence, death, or because he or she is a minor. This includes any property, such as stocks, bonds, car, bank accounts, or home. After death, the total market value of the descendant’s assets set the cost of the probate. The debts of the descendant are not subtracted from that total.

Learn more about probate:

The Superior Court of California/Probate

NOLO/What is Probate?

Walk-ins Always Welcomed!

Probate Real Estate FAQs

Q: Do I have to go through probate to sell a house in California?

A: In many cases, yes. If the property was owned solely by the deceased and not held in a living trust, probate is usually required to transfer or sell the home. However, some estates may qualify for simplified procedures depending on the value and how the property was titled. A probate real estate specialist can help determine the best path forward

Q: How long does probate take in Los Angeles County?

A: Probate in Los Angeles County typically takes 9 to 18 months, depending on court schedules, estate complexity, and whether there are disputes among heirs. Selling the property early in the process can sometimes help reduce holding costs and speed up distribution

Q: Can a probate home be sold as-is?

A: Yes. Most probate properties are sold as-is, meaning no repairs or upgrades are required. This is very common, especially when the home needs work or the heirs prefer a quicker, simpler sale. Buyers understand probate sales and often expect the property to be sold in its current condition.

Q: Do all heirs have to agree to sell a probate property?

A: Not necessarily. The court-appointed executor or administrator has the legal authority to sell the property, even if not all heirs agree. However, disagreements can delay the process, which is why having clear guidance and professional support is important.

Q: Do I need court approval to sell a probate property in California?

A: It depends. Some probate sales require court confirmation, while others may qualify for sale under the Independent Administration of Estates Act (IAEA), which allows the property to be sold without court approval. Knowing which applies can significantly impact timing and strategy.