Our Specialty Since 1990

Probate Real Estate
in 4 Steps

Probate sounds simple — establish that a will is valid and transfer assets to heirs. In California it’s a court proceeding that takes 6 to 14 months and roughly 4% to 8% of the estate in attorney fees, court costs, and appraiser fees. That’s $40,000 to $80,000 on a million-dollar estate — and it’s all public record.

There are more than one million new probate cases in the U.S. each year. Probably not what your family members had in mind.

The Process

The 4 Main Steps of a Probate Sale

Exact proceedings vary by state, but in general there are four main steps to the California probate process:

1. 01

   Executor of the Estate

   For the probate process to begin, an Executor of the estate must be appointed. Typically the Executor is named in the decedent’s will. If there’s no will, the court appoints an Administrator to fulfill the role. The will includes whether an heir will inherit the property or whether it will be sold.

2. 02

   Property Appraisal

   If the property will be sold, the Executor determines a listing price after an appraisal, with the help of a real estate agent experienced in probate sales. Getting this right matters — the price has to survive court review in Limited Authority cases and heir scrutiny in every case.

3. 03

   Property Listing

   Once the listing price is established, the property goes on the market. We market it like any other home — professional photography, MLS, signage, syndication to Zillow / Realtor / Redfin, and targeted outreach to buyers’ agents — while making sure all probate-specific disclosures are handled correctly.

4. 04

   Limited vs. Full Authority

   When probate is filed by the probate attorney, the court determines whether the Executor or Administrator has Limited or Full Authority in managing the estate — including selling the property. With Full Authority, the property can be sold without court approval. With Limited Authority, all property sales must go to court for overbid procedures at a court auction and final court approval. Knowing which authority you have shapes every decision that follows.

The Timeline

How Long Does Probate Take?

The probate process can take anywhere from a few months to over a year. On average, it takes 6 to 14 months, depending on the type of probate and the number of assets in the estate.

The timeline can be affected by:

• The number of heirs involved
• Any issues with the execution of the will
• Any taxes or debts attached to the property
• State and local laws where the property is located
• Whether the estate has Limited or Full Authority

Probate can extend for so long because the legal proceedings associated with the process simply take time. That’s the honest answer.

The Alternative

How to Avoid Probate

A living trust provides the means to avoid probate. It’s a written document, signed and notarized, that determines who will receive the property when a homeowner passes.

First you create a living trust, then transfer title of all your assets into the trust. Upon your death (or your spouse’s), probate is avoided for the simple reason that trust assets are not considered part of the estate. Whatever the probate court would have done to transfer your assets has already been done. The language of the trust governs how the assets are distributed — without the delay of probate court.

Although you don’t legally need an attorney to create a trust, experienced legal advice can be invaluable as you navigate the process. When done correctly, a living trust helps homeowners — or more specifically their trustees — avoid probate court after death.

Why This Team

Experience Matters

You’ve worked your whole life to provide for your loved ones — and now it’s time to make sure they’ll be in good hands. Experience matters. You want more than a real estate agent advising your family. You want a Real Estate Broker who’s a certified trust and probate specialist — someone who demonstrates a high level of expertise and years of experience in probate and trust sales.

The Matt Horn Group offers over 36 years of real estate sales experience and hundreds of satisfied clients. Call us today with your questions. Our consultations are free.

Common Questions

Probate Real Estate FAQ

This page is general information about California probate real estate, not legal advice. We work alongside your probate attorney — not in place of one.

Call us today with your questions.

Our consultations are free. Tell us where you are in the process — petition filed, letters issued, authority determined — and we’ll tell you what makes sense next.

Or email mattrebroker@gmail.com

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