Selling a Probate Home
Can I Accept an Offer Before the Court Appoints Me?
No. Until the court appoints you and issues Letters, you have no authority to accept an offer on behalf of the estate. Any acceptance signed before appointment is not binding on the estate.
Once you are appointed, you can accept offers. Whether that acceptance is final depends on your authority. With full authority under the Independent Administration of Estates Act, you can accept and close much like an ordinary sale. With limited authority, your acceptance is subject to confirmation by the San Diego probate court, and the property remains open to overbids at the hearing.
California Probate Code sections 10307, 10308, and 10501. Not legal advice.Have a probate property in San Diego or Riverside County?
Ron Burner, Certified Probate Real Estate Specialist (CPRES), has guided families through 50-plus probate sales. Get straight answers with no obligation.
Free Probate Home Consultation