Court Confirmation and Overbids
Can Buyers Still Have Inspections in a Probate Sale?
It depends on the type of sale. In a full-authority sale, the transaction looks much like an ordinary one, so buyers can have inspection periods and negotiate based on what they find. Many probate homes still sell as-is, but the buyer usually gets to inspect.
Court-confirmed sales are stricter
When a sale goes through court confirmation, the court generally will not approve contingent offers. Buyers are expected to have completed their due diligence and removed inspection and financing contingencies before the confirmation hearing, and they often put up a sizeable deposit. Buyers can and should still inspect the home, but they need to do it up front rather than keeping an escape hatch. We make sure buyers understand these rules so the sale holds together at the hearing.
California Probate Code section 10311 and following. 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.
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