# Selling a House in Probate: A Complete Guide for Executors & Heirs By Opendoor Editorial Team | 2026-05-18 If you've been named executor of an estate that includes real estate, you don't have to wait for probate to close before listing the home — but you do have to work inside the rules of the probate court. Selling a house in probate is its own particular process: who can sign, what disclosures are required, whether the court has to approve the sale price, and how long the whole thing takes are all dictated by state probate code, not real estate law. This guide explains what actually happens inside probate court when you sell a house: the difference between independent and supervised administration, the Notice of Proposed Action, court-confirmed sales and overbidding, typical timelines and costs, and the specific quirks in California, Texas, Florida, and other high-volume probate states. > **Important notice:** This article is general information, not legal advice. Probate codes and real estate sale procedures vary significantly by state. Consult a probate attorney licensed in the state where the estate is being administered before making any decisions. This guide focuses on what happens \*inside\* the probate court when the estate IS going through probate. If you're trying to \*avoid\* probate altogether (through a TOD deed, trust, or small-estate affidavit), see our guide to [selling a deceased parent's house without probate](https://www.opendoor.com/articles/can-i-sell-my-deceased-parents-house-without-probate). If your question is mostly about heir disagreements rather than the court process, see [do all heirs have to agree to sell property](https://www.opendoor.com/articles/do-all-heirs-have-to-agree-to-sell-property). And for the end-to-end practical process of selling an inherited home, see [how to sell an inherited house](https://www.opendoor.com/articles/how-to-sell-an-inherited-house). ## What is probate, and when does it apply to a house sale? Probate is the court-supervised legal process that validates a will, identifies and inventories estate assets, pays off creditors and taxes, and transfers what's left to the rightful heirs or beneficiaries. According to the [American Bar Association](https://www.americanbar.org/groups/real_property_trust_estate/resources/estate-planning/the-probate-process/), every state has its own probate code, but the broad framework is similar across the country. For real estate, probate matters because the house is usually the most valuable asset in the estate. If the property was titled solely in the deceased's name (no joint tenancy, no living trust, no transfer-on-death deed), it generally cannot be sold until the probate court grants someone — the **executor** (named in the will) or the **administrator** (appointed by the court if there is no will) — the legal authority to act. That authority is documented by an order called **Letters Testamentary** (with a will) or **Letters of Administration** (without one). Selling a probate house typically requires a sequence the regular real estate market never deals with: court filings, creditor notice periods, court-approved appraisals, beneficiary notifications, and — in many states — a hearing where a judge approves the sale. ## The executor's role in selling a probate property The executor (or administrator) is the only person with the legal authority to sign a contract on behalf of the estate. They have a **fiduciary duty** to act in the best interests of the estate and its beneficiaries — which, in practice, usually means selling the property for fair market value, on commercially reasonable terms, and treating all heirs equitably. Practical responsibilities of an executor selling a probate house typically include: - Filing the will (if any) and a petition to open probate in the county where the deceased lived - Obtaining Letters Testamentary or Letters of Administration - Securing the property (changing locks, maintaining insurance, paying utilities) - Ordering a [date-of-death appraisal](https://www.nolo.com/legal-encyclopedia/inherited-property-tax-basis-rules.html) to establish the stepped-up basis and fair market value - Notifying all known creditors and beneficiaries - Listing the home or accepting a cash offer, subject to the will's terms and state probate rules - Obtaining court approval where required (more on this below) - Closing the sale, paying off estate debts from the proceeds, and distributing what remains to heirs per the will or intestacy laws If the deceased did not name an executor, or the named executor declines to serve, the probate court appoints an administrator — usually the closest surviving relative who petitions for the role. The administrator has the same duties and the same court oversight, with one important caveat: administrators are often subject to **stricter court supervision** than independent executors with full authority. ## Independent vs. supervised administration: the biggest variable The single biggest factor that determines how a probate sale unfolds is whether the estate is being administered under **independent (informal)** or **supervised (formal/dependent)** administration. Most states offer both tracks, and the executor's authority — and the court's involvement in selling real estate — is dramatically different. ### Independent administration Under independent administration (called "informal probate" in some states, "independent administration" in others), the executor operates with minimal day-to-day court supervision. They can: - List, market, and sell estate property without filing a separate petition for each step - Sign listing agreements and purchase contracts on behalf of the estate - Close the sale without a court confirmation hearing in many states - Distribute proceeds and close out the estate with a final accounting Independent administration is available in states like Texas (where it's the default if the will authorizes it), Arizona (informal probate), Colorado, Washington, Michigan, and others. According to a 2026 industry overview at [Protecting Wealth](https://protectingwealth.com/selling-real-estate-during-probate-complete-guide-for-executors-and-heirs-2026/), Texas and Arizona are widely regarded as among the most executor-friendly probate jurisdictions in the country. ### Supervised administration Under supervised (sometimes called "formal" or "dependent") administration, every significant step requires a court order. The executor typically must: - Petition the court to authorize a sale of real estate - Have the court approve the listing price (often based on a court-ordered appraisal) - Submit the accepted offer for court confirmation - Sometimes allow public **overbidding** at a hearing before the sale can close - Get court approval before distributing proceeds Supervised administration is the default in states that have not adopted modern probate-code simplifications, and it's typically required whenever the will explicitly demands it, whenever there are minor or incapacitated beneficiaries, or whenever an heir successfully petitions the court to put the executor under stricter oversight. ### California's hybrid: the IAEA California's Independent Administration of Estates Act (IAEA) creates a hybrid framework. Per the [California Probate Code](https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PROB), an executor can be granted either **full authority** or **limited authority** under the IAEA. With full authority, the executor can sell real property without court confirmation — they only need to send beneficiaries a **Notice of Proposed Action** (see below). With limited authority, the sale must go through the formal court-confirmation process, complete with potential public overbidding in court. ## The probate sale process: step by step A typical probate house sale unfolds in roughly the following sequence. Exact wording and ordering vary by state. 1. **Open probate.** File the will (if any) and a petition with the probate court in the county where the deceased lived. The court schedules a hearing — typically 4 to 6 weeks out — to appoint the executor or administrator. 2. **Receive Letters Testamentary or Letters of Administration.** Until this happens, the executor has no authority to sign contracts on behalf of the estate. Title companies won't close without these letters. 3. **Inventory and appraise the estate.** Order a professional appraisal of the home as of the date of death. This establishes both the stepped-up basis (for federal tax purposes) and, in many states, the floor price for any court-confirmed sale. 4. **Notify creditors and beneficiaries.** State law typically requires publishing notice to creditors in a local newspaper and mailing notice to known creditors and all heirs. Creditor claim periods range from about 3 to 12 months by state. 5. **Decide on a sale method.** Options include a traditional MLS listing, a probate-specialist real estate agent, an off-market cash sale to an iBuyer or investor, or — in some supervised cases — a court-supervised public sale. 6. **Market the property and accept an offer.** Disclosures may be lighter than in a typical sale (probate sales are often "as-is"), but the executor must still act in the estate's best interest. 7. **Send Notice of Proposed Action (if applicable).** In states like California, this 15-day notice gives beneficiaries the right to object before the executor closes. If no one objects, the sale proceeds without a court hearing. 8. **Petition for court confirmation (if applicable).** Under supervised administration or limited IAEA authority, the executor files the accepted offer with the court for approval and a confirmation hearing. 9. **Confirmation hearing and overbidding.** The judge reviews the offer; in some states, the property is offered to higher bidders at the hearing itself (see overbidding section below). 10. **Close the sale.** Title company prepares closing documents, the executor signs on behalf of the estate, and proceeds go to the estate account. 11. **Pay estate debts and distribute remaining proceeds.** Outstanding mortgages, liens, creditor claims, executor fees, and attorney fees are paid first. Whatever is left is distributed to heirs per the will or intestacy laws. 12. **Close the probate case.** File a final accounting with the court. Depending on the state and the type of administration, this can happen a few weeks to several months after closing. ## Court approval and the Notice of Proposed Action Whether court approval is required for the sale price — and how it's obtained — varies in three main flavors. ### No court approval needed (independent administration) In Texas, Arizona, and similar independent-administration states, the executor can typically negotiate and close a sale without ever returning to court for sale-specific approval, provided the will authorizes independent administration (or all heirs consent to it). ### Notice of Proposed Action (California and similar states) Under California's IAEA with full authority, the executor sends each beneficiary a **Notice of Proposed Action (NOPA)** at least 15 days before closing. Per [California Probate Code section 10580 et seq.](https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=7.&title=&part=2.&chapter=4.5.&article=2.), the notice must include: - A description of the property - The terms of the proposed sale (price, buyer, escrow timeline) - A deadline by which beneficiaries can object (15 days) - Instructions for filing an objection with the court If a beneficiary files an objection within 15 days, the executor cannot proceed without a court hearing. If no one objects, the sale closes without a hearing — saving months of court time. Other states (notably Washington and Michigan) have analogous notice-and-objection mechanisms. ### Court-confirmed sale with overbidding Under California's IAEA with limited authority, or under supervised administration in many states, the accepted offer must be confirmed at a court hearing. The executor files a Report of Sale and Petition for Order Confirming Sale. At the hearing, the court can take **overbids** — competing offers from other buyers in open court — provided the new bid exceeds a statutory minimum. Per [California Probate Code section 10311](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10311.), the minimum first overbid in California is **10% of the first $10,000 plus 5% of the balance** of the original accepted offer. For a $500,000 accepted offer, the minimum first overbid is $526,000 ($1,000 + $24,500 + $500,000, rounded). After the first overbid, the judge sets subsequent minimum increments. Court-confirmed sales create real uncertainty for the original buyer, who may lose the property at the hearing despite winning in escrow. They also typically extend the timeline by 30 to 45 days for the confirmation hearing to be scheduled. ## How long does selling a house in probate take? Probate house sales take significantly longer than typical real estate transactions. According to a [Clever Real Estate analysis](https://listwithclever.com/probate-sale/colorado/), probate property sales commonly run **9 to 24 months** end-to-end, versus the typical 60-day window for a non-probate sale. A few common breakdowns: | Phase | Typical duration | | --- | --- | | Opening probate (petition to Letters) | 4–8 weeks | | Creditor notice period | 3–12 months (state-dependent; 4 months in California, 6 months in Texas, 3 months in Florida) | | Marketing and accepting an offer | 30–90 days | | Notice of Proposed Action review (where applicable) | 15 days | | Court confirmation hearing (where applicable) | Adds 30–60 days | | Closing and proceeds distribution | 14–45 days after acceptance/confirmation | | Final accounting and probate closure | 30–180 days after distribution | Most probate sales close within **6 to 12 months** of the death, with another few months to formally close the estate. The biggest delays are: missing or contested wills, multiple heirs, complex or multi-state assets, large creditor claims, and supervised administration with court confirmation. ## What does selling a house in probate cost? Probate adds costs that ordinary house sales don't carry. According to [NOLO's probate cost guide](https://www.nolo.com/legal-encyclopedia/how-much-does-probate-cost.html), total estate-administration expenses commonly run **3% to 7% of the gross estate value** — most of it in attorney and executor fees, plus court filing fees and required notices. Typical line items for a probate house sale: | Cost | Typical range | | --- | --- | | Court filing fees | $400–$1,200 (varies by state and estate size) | | Required publication notice | $100–$300 | | Probate attorney fees | 2%–4% of gross estate, or flat fee, or hourly ($250–$600/hr) | | Executor's commission | 2%–4% of gross estate (statutory in some states) | | Probate bond (when required) | $125–$2,500 annually based on estate size | | Date-of-death appraisal | $400–$700 | | Title curative work | $300–$1,500 if title is clouded | | Real estate commission (if listed) | 5%–6% of sale price | | Closing costs | 1%–3% of sale price | California is among the most expensive: per [California Probate Code section 10810](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10810.), statutory probate attorney and executor fees are tied to a sliding scale of the estate's gross value (not net) — typically running 4% to 5% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% above that. For a $1 million home estate, statutory probate fees alone can exceed $46,000 (combined attorney + executor). Most of these costs come out of the sale proceeds before heirs receive their distribution. ## State-by-state variations to know Probate is governed at the state level, and a few states' rules disproportionately shape what executors experience. ### California: long, expensive, court-heavy California probate is famously slow (12–18 months for full probate is normal) and expensive (statutory fees can consume 4–6% of gross estate value). The IAEA's full-authority track and the Notice of Proposed Action can streamline things considerably — but limited-authority cases still require court confirmation and overbidding, adding cost and uncertainty. Many California families set up living trusts specifically to avoid this. ### Texas: independent administration is the norm Texas is one of the most executor-friendly states. If the will authorizes "independent administration" (which most properly drafted Texas wills do), the executor can sell estate real estate with minimal court involvement — no court confirmation hearing, no NOPA-style filing. According to the [Texas Estates Code Chapter 401](https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm), even without will language, all heirs can agree to independent administration after the fact. Probate often closes in 3–6 months. Where the estate is under formal dependent administration, however, court approval is required and the sale price must typically meet a 90% threshold of appraised value. ### Florida: summary administration for small estates; homestead complications Florida offers **summary administration** for estates under $75,000 (excluding homestead) or where the deceased has been dead more than 2 years — these can close in 1–3 months. Full formal administration generally takes 6–12 months. Florida also has unique [homestead protections](https://www.floridabar.org/the-florida-bar-journal/the-florida-homestead-exemption/) that can restrict the deceased's ability to leave their primary residence to anyone other than a surviving spouse or minor children, which sometimes creates surprises for siblings who expected to share the home. ### New York: court oversight is the default New York Surrogate's Court typically oversees real estate sales closely. The executor usually needs court permission to sell, and the court reviews the listing terms. Timelines often run 7–12 months for uncomplicated estates and longer when contested. ### States with mandatory court-confirmation procedures While most states allow some form of independent administration, a handful retain **mandatory court confirmation** for probate real estate sales under their default rules — including portions of Indiana, Mississippi, and parts of New Jersey under specific circumstances. In these states, a sale of estate real estate can require a separate confirmation hearing, sometimes with overbidding in open court. Always check with a local probate attorney before assuming a sale can close on private terms. ### Public auction in some states In a small number of states and circumstances — typically when the will is silent, the executor has limited powers, and beneficiaries don't unanimously consent — the court may order the property to be sold at **public auction** rather than privately listed. This is most common in some rural jurisdictions and historically in heirs' property cases, though the Uniform Partition of Heirs Property Act has limited the practice in adopting states. Public-auction probate sales typically deliver lower prices than negotiated sales. ## When can you sell before probate is complete? In most states, the executor can sell the property **during** probate — the home does not have to wait until probate fully closes. What's required is that the executor have authority (Letters Testamentary or Letters of Administration) and that any state-specific approval steps (NOPA, court confirmation) be satisfied. Selling during probate is often preferable because: - The estate continues to incur carrying costs (mortgage, taxes, insurance, utilities, maintenance) every month the house sits - The home may depreciate or deteriorate if unoccupied - Heirs who need the funds can receive their share faster The case for waiting until probate closes is narrower — usually limited to disputes over the will, contested executor appointments, or unusual title issues that need to be resolved before a clean transfer is possible. If the estate qualifies for one of the methods covered in our [selling a deceased parent's house without probate](https://www.opendoor.com/articles/can-i-sell-my-deceased-parents-house-without-probate) guide — TOD deed, joint tenancy, living trust, small-estate affidavit — you may be able to skip the probate process entirely. Most heirs don't realize that's an option until they pull the deed and check. ## Tax implications: the stepped-up basis still applies One piece of good news for heirs and executors: a probate sale does not change the **stepped-up basis** advantage. Per [IRS Publication 559](https://www.irs.gov/publications/p559), when real property is inherited, the cost basis is reset to the fair market value on the date of the decedent's death (or, if the executor elects, an alternate valuation six months later). In practical terms: if the deceased bought the home for $100,000 in 1995 and the date-of-death appraisal sets its value at $500,000, the heirs' basis is $500,000. If the home sells in probate for $510,000, the taxable gain is $10,000 — not $410,000. The stepped-up basis applies whether the home sells inside probate, outside probate, or via trust. For more detail on the tax side, see our guide on [taxes on selling a house](https://www.opendoor.com/articles/taxes-on-selling-a-house). ## Selling a probate house for cash: when speed matters Probate timelines are mostly driven by court calendars, not by buyer demand — but the executor still has discretion over how the house itself is marketed once court hurdles are cleared. For estates with carrying-cost pressure (a mortgage still owed, taxes accruing, an out-of-state executor managing remotely), a **cash offer** can shorten the sale phase significantly. Here's a side-by-side comparison of a traditional listing versus a cash offer, drawn from Opendoor's [seller process documentation](https://help.opendoor.com/selling/how-it-works/how-selling-to-opendoor-works): | Factor | Opendoor cash offer | Listing with an agent | | --- | --- | --- | | Timeline | Preliminary offer in minutes; close in 14-60 days | 60-90+ days typical end-to-end | | Showings | None required | Required; can include open houses | | Staging and repairs | Not required from seller; Opendoor handles repairs after purchase via condition adjustment | Seller arranges staging and most repairs | | Certainty of sale | Cash offer with no buyer-financing fall-through risk | Depends on buyer financing and inspection contingencies | | Closing date control | Seller chooses a date in the 14-60 day window | Negotiated with buyer; depends on lender timeline | | Headline costs | Service charge shown in offer breakdown (no separate agent commission) | Agent commissions typically 5-6% of sale price plus staging and concessions | And the stage-by-stage timeline: | Stage | Selling to Opendoor | Traditional listing | | --- | --- | --- | | Preliminary offer / list price | Within minutes of entering address at opendoor.com | Set with agent during listing prep | | Home assessment or inspection | 30-60 minutes (self-assessment) or about 1 hour (in-person) | Buyer-paid inspection scheduled after offer accepted | | Final offer to seller | 5-7 business days after assessment | Depends on showing volume and buyer demand | | Accepted offer to closing | 14-60 days (seller chooses) | Typically 30-45 days after offer accepted | | Total time on market to close | About 14-60 days end-to-end | 60-90+ days end-to-end | For probate-specific situations, three things make a cash offer especially useful: 1. **One signature, one closing.** The executor doesn't have to coordinate showings or repair negotiations on top of court filings. Once the offer is accepted (and any NOPA or court confirmation cleared), the title company drives the rest. 2. **As-is condition.** Probate properties are often sold without the deceased's family making repairs. Opendoor buys homes in their current condition; deferred maintenance is handled via the condition adjustment in the offer rather than pre-sale repairs the estate has to fund out of pocket. 3. **Closing date control.** If the executor needs to time the sale to a court-confirmation hearing or to a creditor-claim deadline, choosing the closing date within a 14–60 day window is helpful. A few notes specific to probate transactions: - The executor (not the heirs individually) must sign on behalf of the estate. Letters Testamentary or Letters of Administration must be on file with the title company. - If court confirmation or a Notice of Proposed Action is required, that process happens before the closing date. - A clean title is required. Liens, unpaid property taxes, or an unsettled probate must be resolved before closing. Title partners can usually map the path forward. - Opendoor [buys single-family homes, townhomes, and some condos](https://help.opendoor.com/selling/how-it-works/what-types-of-homes) across the lower 48 states; mobile/manufactured homes, multi-family properties with 5+ units, and homes with major structural or fire/water/mold damage are not eligible. If a cash sale fits the situation, you can [request an Opendoor offer](https://www.opendoor.com/sell-my-home) and have a baseline number within minutes — useful even if the estate ultimately decides on a traditional listing. **Frequently asked questions** --- *Originally published at [https://www.opendoor.com/articles/selling-a-house-in-probate-a-complete-guide](https://www.opendoor.com/articles/selling-a-house-in-probate-a-complete-guide)*