The first step is to figure out whether probate is required at all. If the deceased person owned the house jointly with someone else, like a spouse, the property might pass directly to the surviving owner without court involvement. The same is true if the house was placed in a living trust. But if the person owned it alone or as a tenant in common, probate is almost always necessary. The executor, named in the will, or an administrator, appointed by the court, handles the process.

Next comes filing the probate case with the superior court in the county where the deceased person lived. This starts a formal court proceeding. The court will validate the will if there is one. It also appoints the executor or administrator officially and gives them the legal authority to manage the estate. This person must publish a notice to creditors in a local newspaper and notify known creditors directly. Creditors have a limited time to file claims for money owed by the deceased.

Once the court grants authority, the executor or administrator must take an inventory of all estate assets, including the real estate. This means getting the property appraised to find out its fair market value. California law requires a court-appointed probate referee to do the appraisal unless the court says otherwise. The referee’s value becomes the basis for many decisions.

Now comes the decision about the house. The executor or administrator can keep it for the heirs, distribute it to them directly, or sell it to raise cash for paying debts and taxes. If the choice is to sell, the process gets more complicated. California has specific rules for selling probate real estate. In most cases, the sale needs court confirmation. This means after finding a buyer and agreeing on a price, the executor must go back to court for a hearing. At that hearing, other buyers can make higher offers in open court. This is called overbidding. The court picks the highest acceptable offer. This makes a standard real estate deal different from a probate sale.

The executor must also file a petition with the court asking for permission to sell the property. This petition includes details about the proposed sale price, the terms, and the buyer. The court sets a hearing date and requires notice to all interested parties, including heirs and beneficiaries. Anyone can object if they think the sale is unfair or the price is too low.

After the court approves the sale and confirms it, the executor completes the transaction. The proceeds go into the estate account. The executor then pays any remaining debts and taxes. Finally, the court approves a final accounting, and the remaining money or property goes to the beneficiaries. The whole process, from filing to closing, often takes six to twelve months or longer. During that time, the property must be maintained. Property taxes, insurance, utilities, and repairs still need to be paid. A vacant house can be a drain on the estate.

For heirs who want to avoid the long wait and the uncertainty of court confirmation, there are other options. Some companies specialize in buying probate real estate directly. They can close quickly and handle the court process themselves. This lets heirs get cash sooner and skip the repairs and listing hassles. But it means selling at a discount compared to a full market sale.

Understanding these steps helps anyone dealing with an inherited house in California. The process is legal and formal, but it follows a clear path. Knowing what comes next makes a difficult time a little easier to manage.

More notes on this topic are at California probate real estate.