Court Confirmation and Overbids
Do I Need Court Confirmation to Sell?
It depends entirely on your authority. If you hold full authority under the Independent Administration of Estates Act, you do not need a confirmation hearing to sell the home. You give a Notice of Proposed Action and, absent an objection, close like a normal sale.
If you have limited authority or no independent authority, the sale must be confirmed by the court, which brings the 90 percent price rule and the overbid process. This is why securing full authority early is so valuable. It can be the difference between a clean 30-day close and a court process that adds two to three months. Check your Letters or ask your attorney which authority you hold.
California Probate Code sections 10501 and 10503. 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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