Selling a probate home in Los Angeles is not a one-size-fits-all process. In California, there are two main ways a probate property can be sold:
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Court-Confirmed Sale
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Non-Court-Confirmed Sale (Under IAEA Authority)
Each path has different rules, timelines, and risks. If you don’t know the difference, you could delay the sale or worse, invalidate it.
Here’s what every seller, heir, and real estate agent needs to know.
What Is a Court-Confirmed Probate Sale?
A court-confirmed sale means the probate court oversees the transaction and must formally approve the buyer and sale terms. It follows strict guidelines and usually requires a court hearing.
This process is mandatory when the personal representative (executor or administrator) does not have full authority under the Independent Administration of Estates Act (IAEA).
Key Features:
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Court hearing required
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Minimum bid rules apply
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Buyer must wait for court approval
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10% deposit typically required from buyer
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Subject to overbidding process in court
Timeline:
8–12+ weeks from offer to closing, depending on court scheduling.
When It Happens:
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No IAEA authority granted
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Disputes between heirs
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Judge requires oversight
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Will doesn’t grant specific powers
What Is a Non-Court-Confirmed Probate Sale?
With IAEA authority, the personal representative can sell the property without court confirmation as long as they follow specific notice and disclosure rules.
This is a faster, more flexible process that feels more like a traditional real estate transaction.
Key Features:
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No court hearing required
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Standard escrow timelines
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Notice of Proposed Action (NPA) sent to heirs
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Fewer restrictions on price and buyer terms
Timeline:
30–45 days is typical from offer to close.
When It Applies:
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Personal representative has full IAEA authority
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No objections are raised by heirs
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Property doesn’t require judicial oversight
| Feature | Court-Confirmed Sale | Non-Court-Confirmed Sale |
|---|---|---|
| Court Approval Needed? | Yes | No |
| Overbidding Allowed? | Yes | No |
| Timeline | Longer | Faster |
| Flexibility | Limited | More flexible |
| Buyer Requirements | 10% deposit, long wait | Standard terms |
Why This Matters in Los Angeles
In Los Angeles County, court backlogs can significantly delay court-confirmed sales. If you’re trying to sell quickly, or want to avoid losing buyers who don’t want to wait, understanding your authority under the IAEA is crucial.
Many families and agents assume all probate sales need court approval. That’s not true. With the right setup, you may be able to sell faster, cleaner, and with fewer complications.
Final Tip: Get Clear on Your Authority Early
Before listing a probate home in Los Angeles, find out if the personal representative has full or limited authority under the IAEA. It’s the difference between:
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A long court process vs. a smooth escrow.
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Losing buyers vs. closing quickly.
