Probate real estate is one of the most unique and misunderstood areas of the housing market. If you are dealing with the estate of a loved one, or you are a fiduciary responsible for managing assets, understanding probate property sales is essential.
At The CREM Group, an attorney-led real estate brokerage in Los Angeles, we specialize in probate and trust real estate. This guide breaks down the process in clear terms, so you know what to expect and how to protect value in every transaction.
What Is Probate Real Estate?
Probate real estate refers to property that is sold after the owner has passed away, when the estate must go through the court-supervised probate process. The court oversees the sale to ensure that all heirs, beneficiaries, and creditors are treated fairly.
In short: probate real estate is property that can only be sold with court approval after someone passes away.
When Does Real Estate Go Through Probate?
A property may need to go through probate if:
- The deceased owner did not leave a living trust.
- The property was held in the individual’s name only (not jointly).
- The estate is being settled by the court.
In California, including Los Angeles, this process can vary depending on the estate’s complexity and whether disputes arise among heirs or co-owners.
Who Oversees Probate Real Estate Sales?
- Executor or Administrator: The person appointed by the court to manage the estate.
- Probate Court: Provides approval and confirms the final sale.
- Probate Real Estate Agent: A licensed realtor experienced in court-supervised transactions.
- Fiduciaries/Attorneys: Ensure legal compliance and protect beneficiaries.
At CREM, we work closely with fiduciaries and attorneys to streamline this process.
The Probate Sale Process in Los Angeles
Selling probate property in Los Angeles typically follows these steps:
- Court Petition – The estate representative requests permission to sell the property.
- Appraisal – The property is valued by a probate referee.
- Listing & Marketing – The property is listed on the open market, often through MLS, to attract the highest possible offers.
- Offer & Confirmation – Offers are submitted, and some may require a court hearing for confirmation.
- Overbidding (if required) – At the court hearing, other buyers may bid higher, ensuring fair market value.
- Final Sale Approval – The court confirms the sale, and escrow closes.
How Long Does a Probate Real Estate Sale Take?
On average, probate real estate in Los Angeles can take 6–12 months to close, depending on:
- Court schedules.
- Disputes among heirs.
- Whether the sale requires overbidding in court.
Common Challenges in Probate Real Estate
- Disagreements among heirs or co-owners.
- Court delays.
- Property condition (often outdated or neglected).
- Ensuring fair distribution of proceeds.
This is why working with specialists who understand both real estate law and local markets is crucial.
Why Work With CREM?
At The CREM Group, we are not just real estate agents — we are an attorney-led brokerage with deep experience in probate and trust sales. That means:
- Every transaction is handled with legal precision.
- Co-owners and heirs are treated fairly, with no one given advantage over another.
- Properties are marketed aggressively to achieve top market value, even in court-supervised sales.
- Fiduciaries, attorneys, and families trust us because we make a complex process smooth and transparent.
Frequently Asked Questions (FAQ)
1. Can I sell probate property without going to court?
In some cases (such as if the estate qualifies for a simplified process), court confirmation may not be required.
2. Do all heirs need to agree to sell?
Not necessarily — the court can approve a sale even if heirs disagree, as long as the process is fair.
3. How much does probate real estate cost to sell?
Costs include standard real estate commissions, court filing fees, and legal expenses, which are paid by the estate.
Final Thoughts
Probate real estate can feel overwhelming, but with the right team, it doesn’t have to be. If you are facing a probate property sale in Los Angeles or Southern California, The CREM Group is here to guide you every step of the way.
