Do I Need Probate to Sell an Inherited House in California?

When probate usually isn’t needed

• The house was in a living trust: the successor trustee can usually sell it.
• The house was held in joint tenancy or with right of survivorship, or as community property with a surviving spouse.
• The estate is small enough for a shortcut (see below).

Probate in plain English, for heirs and executors

1. Someone has to be appointed. If there was a will, the executor it names asks the court to be appointed, and should act within 30 days of learning of the death. If there was no will, the court appoints an administrator, usually a spouse, partner or close relative.
2. Nobody can sell until “letters” issue. The court’s letters are what give the executor or administrator power to act for the estate, including selling the house.
3. Full or limited authority. With full authority under California’s Independent Administration of Estates Act, the executor can sell the house without a court hearing, after sending heirs a Notice of Proposed Action at least 15 days ahead. Any heir can object in writing, and then the sale goes to court. With limited authority, the court has to confirm the sale before title passes.
4. Creditors get a window. Creditors generally have four months after letters issue (or 60 days after notice, if later) to file claims.
5. It takes a while. California’s courts say the whole process typically takes 9 to 18 months, sometimes longer.

When you may not need full probate

• For deaths on or after April 1, 2025, estates worth $208,850 or less may be handled with a small-estate affidavit.
• A primary home worth up to $750,000 can pass to the heirs through a simpler court petition.
• Property going to a surviving spouse usually doesn’t need probate; the spouse can ask the court for a spousal property order.

Property taxes if you keep the house

Under Proposition 19, a child who inherits a parent’s home and moves in as their own main home can keep part of the parent’s lower property tax base. If no one moves in, for example if it’s sold or rented out, the house is generally reassessed. The forms have deadlines (within one year for the homeowners’ exemption, within three years for the exclusion), so ask the county assessor early.

Where probate is filed in our area

• Fresno County: Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno
• Kings County: Kings County Superior Court, 1640 Kings County Drive, Hanford
• Tulare County: Tulare County Superior Court, 221 S. Mooney Blvd, Visalia, or South County Justice Center, 300 E. Olive Ave, Porterville
• Kern County: Kern County Superior Court probate division, Juvenile Justice Center, 2100 College Ave, Bakersfield
• Antelope Valley (Los Angeles County): Antelope Valley Courthouse, 42011 4th St. West, Lancaster (hearings at Stanley Mosk Courthouse, Los Angeles, with remote appearance from Lancaster Dept. A22)

This page is general information about California probate, not legal advice. Dollar limits and deadlines change; the court or a California probate attorney can tell you what applies to your estate.