California probate is the court-supervised process that transfers a deceased person’s assets – including their home – to their heirs when there isn’t a living trust in place.
The full process typically takes 9 to 12 months from filing the initial petition to final distribution. Once the executor has been formally appointed by the court and granted authority to sell, a cash buyer like Osborne Homes can close in as few as 7 days.
A recent change in California law (effective April 1, 2025) created a much faster path for primary residences valued up to $750,000, which is reshaping how many families now handle inherited homes.
Key Takeaways
- California probate typically takes 9–12 months from petition to final distribution – longer if the estate is contested or complex.
- A 2025 change to California law created a streamlined court petition for primary residences valued up to $750,000 – cutting months off the timeline for many estates.
- Properties held in a living trust generally avoid probate entirely – the successor trustee can sell directly.
- Once the executor has authority to sell, a cash buyer can close in as few as 7 days – compared to 60–90+ days for a traditional listing.
- Osborne Homes has purchased over 5,000 California properties since 2007, including probate-administered and trust-held estates.
The California Probate Timeline: What to Expect
If the deceased owned a home that wasn’t held in a living trust, and the estate doesn’t qualify for one of the simplified procedures, the property has to go through formal probate before it can be sold. Here’s what the timeline typically looks like.
- Weeks 1–4 – File the petition. A Petition for Probate is filed in the Superior Court in the county where the deceased lived. This formally opens the case.
- Weeks 4–8 – Court appoints the executor. A judge appoints the executor (named in the will) or an administrator (if there’s no will) and issues Letters Testamentary – the legal document that gives the executor authority to act on behalf of the estate.
- Months 2–4 – Inventory and appraisal. California requires a court-appointed probate referee to appraise the real property. That appraisal establishes the minimum acceptable sale price.
- Months 2–6 – Creditor notice period. Creditors of the estate have four months to file claims. The property typically cannot be sold until this window closes.
- Months 6–10 – Sale of the property. The executor proceeds with the sale. Depending on the authority granted in the will, this may or may not require a separate court confirmation (see below).
- Months 10–14 – Final accounting and distribution. The court approves the final accounting of all estate transactions and authorizes the distribution of proceeds to the heirs.
Three Paths to Selling a Home From a California Estate
Not every inherited home goes through the full probate timeline above. Which path applies depends on how the property was held and what the estate looks like overall. Here are the three options most California families encounter.
| Path | When It Applies | Timeline |
|---|---|---|
| Trust-held property | The home was deeded into a living trust before death | Days to weeks – no probate required |
| Streamlined primary-residence petition | Decedent’s primary residence, value up to $750,000 (since April 2025) | A few months – faster than full probate |
| Full formal probate | Higher-value homes, non-primary properties, or contested estates | 9–12+ months – the timeline shown above |
The middle path is the newest, and the one most California families are now hearing about for the first time. As of April 1, 2025, a primary residence valued at $750,000 or less can use a simplified court petition (Petition to Determine Succession to Primary Residence) instead of going through full formal probate. For many Central Valley, Inland Empire, and Sacramento-area estates, this falls within the typical home price range.
That said: the new path still requires a court hearing, all heirs have to be notified, and there’s a waiting period. A probate attorney can confirm whether a specific estate qualifies.
If the Estate Goes Through Full Probate: IAEA Authority Matters
Within full formal probate, there’s one more thing executors should know about: whether they have what’s called IAEA authority. IAEA stands for the Independent Administration of Estates Act – a longstanding California law that lets executors handle most estate transactions without going back to court for permission each time. Most wills written in the last 30 years grant this authority by default.
With IAEA, the executor can accept an offer, sign the contract, and close the sale without a separate court confirmation hearing. Without it, the sale has to be brought back to the court for confirmation – a process that can add two to three months and that exposes the deal to public overbidding.
Common Questions About Selling a Probate Home
Can You Sell a Probate Home As-Is?
Yes. There’s no legal requirement to repair, clean, or stage a probate property before selling it. A cash buyer purchases as-is, with no inspection contingencies and no repair demands. That matters most when the estate involves a home with significant deferred maintenance, hoarder conditions, or fire or mold damage. Situations where the heirs would otherwise be looking at tens of thousands of dollars in remediation costs.
What If There Are Multiple Heirs?
All heirs who inherit an interest in the property have to be notified of the proposed sale, and disagreements among them are one of the most common sources of probate delay. If heirs can’t agree on price or buyer, the executor may need to go back to the court for direction. Osborne Homes provides a single written offer that all heirs can review independently with their own attorneys before any commitment is made.
Out-of-State Executor; Can I Manage This Remotely?
Yes. An executor doesn’t need to be physically present in California for every step of the process. Osborne coordinates the local walkthrough on the ground, and modern escrow companies can accommodate remote signing. The probate attorney handling the case files most of the court paperwork; the executor reviews and approves remotely.
Property in a Trust vs. Probate
If the home was deeded into a revocable living trust before the owner’s death, probate is generally avoided entirely. The successor trustee named in the trust can sell the property directly, without court involvement. Osborne Homes buys trust-held properties on the same timeline as standard transactions – with the added benefit that the sale doesn’t have to wait on creditor notice windows or court confirmations.
Key Numbers to Know
- 9–12 months: average California probate timeline from petition to distribution (California Courts).
- $750,000: the value threshold for the new streamlined primary-residence petition (effective April 2025).
- 4 months: the creditor notice period that has to close before most probate sales can complete.
- 7 days: how quickly Osborne Homes can close once the executor has authority to sell.
- 5,000+: California properties Osborne Homes has purchased since 2007, including probate and inherited estates.
Frequently Asked Questions About California Probate
How long does probate take in California?
Most California probate cases take 9 to 12 months from the initial petition to the final distribution. Estates that qualify for the new streamlined primary-residence petition (introduced April 2025) can move significantly faster. Contested estates, complex assets, or estates with multiple disagreeing heirs can take well over a year.
Can I sell a house while it is still in probate in California?
Yes – once the court has appointed the executor and issued Letters Testamentary, the executor has authority to sell. The exact timeline depends on whether IAEA authority applies and whether the estate qualifies for the streamlined procedure. A cash buyer can close in as few as 7 days once that authority is in place.
What changed with California probate in April 2025?
A new law took effect on April 1, 2025, allowing primary residences valued at $750,000 or less to use a streamlined court petition instead of going through full formal probate. It still requires a court hearing and notice to heirs, but it can shave significant time off the process for estates whose main asset is the family home. A probate attorney can confirm whether a specific estate qualifies.
Do I need a real estate agent to sell a probate home in California?
No. An executor can sell directly to a cash buyer without involving a real estate agent. That avoids the 5–6% commission, the showings, and the risk of a traditional buyer’s financing falling through – all of which matter when the estate is trying to close out efficiently.
Will Osborne Homes buy a home that is still in active probate?
Yes. Osborne works with executors at any stage of the probate process. We provide a written cash offer once the executor has been appointed and holds authority to sell, and we coordinate our timeline around the probate court’s schedule. Not the other way around.
The Path Through Probate Is Shorter Than It Used to Be
Until April 2025, almost every Californian who inherited a home outside a trust faced the same long road: nine to twelve months of formal probate, court hearings, creditor windows, and a referee appraisal before the home could be sold. That’s still the case for higher-value properties, non-primary residences, and contested estates.
But the streamlined primary-residence petition introduced by AB 2016 changed the calculus for a meaningful share of California estates. If the home was the deceased’s primary residence and is worth $750,000 or less, the family can now move through a much shorter court process to clear title for sale. For many Central Valley, Inland Empire, and Sacramento-area inheritances, this falls within range.
What hasn’t changed: the executor still needs court authority before any sale completes, and the practical mechanics – appraisal, escrow, distribution – still apply. What does change with a cash buyer is what happens after authority is granted. Once the court signs off, a cash sale can close in days rather than adding the further months a traditional listing would layer on top of the probate timeline.
Ready to Sell an Inherited California Home?
If you’re an executor or heir ready to sell, Osborne Homes can make a no-obligation cash offer – closing in as few as 7 days once you have the authority to proceed.
Note: This article is for general information only and isn’t legal advice. California probate law changed substantially in 2025 – always confirm with a qualified probate attorney how the rules apply to your estate.
Sources
- California Courts, Probate — Self-Help Guide. Average California probate timeline of 9–12 months from petition to distribution. selfhelp.courts.ca.gov/probate
- California Legislature, Assembly Bill 2016 (Maienschein, 2024) — Established the streamlined Petition to Determine Succession to Primary Residence for properties valued up to $750,000; effective April 1, 2025. leginfo.legislature.ca.gov
- California Legislature, California Probate Code §13151 — Petition for primary residence succession (as amended by AB 2016). leginfo.legislature.ca.gov
- California Legislature, California Probate Code §10500 et seq. — Independent Administration of Estates Act (IAEA). leginfo.legislature.ca.gov
- California Lawyers Association, AB 2016 — An Update to Small Estate Petitions, July 2025. calawyers.org
