Probate Sales: A Step-by-Step Guide for Sacramento Executors

Losing a loved one is difficult enough without the added stress of navigating the California probate court system. If you have been named the executor or administrator of an estate in Sacramento County, this guide will help you understand the process of selling the real property.

Phase 1: Authority and Appraisal

Before you can sell, you need two things:

1. Letters of Administration/Testamentary: The court document giving you legal authority to act.
2. IAEA (Independent Administration of Estates Act) Authority: Crucial Tip: Try to get "Full Authority" under IAEA. This allows you to sell the property without court confirmation, saving months of time.

Phase 2: The Notice of Proposed Action

Once you have an accepted offer, you must send a "Notice of Proposed Action" to all heirs. They have 15 days to object. If no one objects, you can proceed to closing.

Phase 3: The Sale

You generally have two options:

Option A: Traditional Market Sale

• Best for: Homes in good condition with ample time.
• Process: Hire an agent, clean out the house, list on MLS, wait for offers.
• Timeline: 3-6 months.

Option B: Direct Cash Sale to Investor

• Best for: Homes needing repairs, hoarding situations, or when heirs want cash quickly.
• Process: Get a cash offer, sign, send notice to heirs, close.
• Timeline: 30-45 days (probate moves slower than standard sales, but this is the fastest route).

Common Pitfalls to Avoid

• Undervaluing the Home: You have a fiduciary duty to the heirs. Ensure you get a fair price.
• Ignoring Maintenance: The estate is responsible for mortgage, taxes, and insurance while probate is pending. Don't let the property fall into disrepair.
• Going it Alone: Probate law is specific. Always work with a specialized probate attorney and real estate professionals who understand the court's requirements.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult with a qualified probate attorney.

Frequently Asked Questions

How long does probate take in Sacramento County?

Probate in Sacramento County typically takes 9-18 months, though simple estates with Full IAEA authority can close property sales in 45-60 days.

Can I sell a probate house to a cash buyer?

Yes, and it is often the fastest option. Cash buyers can close in 30-45 days even during probate, compared to 3-6 months for a traditional listing.