The All-in-One Solution for California Homeowners
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.
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California probate typically takes 9–12 months from petition to final distribution – longer if the estate is contested or complex.
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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.
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Properties held in a living trust generally avoid probate entirely – the successor trustee can sell directly.
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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.
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Osborne Homes has purchased over 5,000 California properties since 2007, including probate-administered and trust-held estates.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Osborne Homes Team
The Osborne Homes team specializes in California real estate, helping buyers, sellers, and homeowners navigate the market with clarity and confidence. Our articles are written to provide practical guidance, local insight, and up-to-date information you can trust.
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