Do Probate Homes Have to Sell at 90 Percent of Appraised Value?

It depends entirely on your authority, and this is one of the most misunderstood rules in probate. In a court-confirmed sale, yes: the accepted price generally must be at least 90 percent of the probate referee's appraised value, and that appraisal must be current, made within a year of the confirmation hearing. The court will not confirm a private sale below that floor.

Full authority removes the floor

If the personal representative holds full authority under the Independent Administration of Estates Act, the 90 percent rule does not apply. A full-authority representative can sell at the price and terms they determine to be best, subject only to their fiduciary duty to get a fair result for the heirs. There is no statutory minimum tied to the appraisal and no overbid process.

This is another reason securing full authority early matters so much. It gives you the flexibility to accept the strongest real-world offer rather than being boxed in by an appraisal that may lag the market. We price every estate home to the current market and, in confirmation sales, with the 90 percent floor firmly in mind.

California Probate Code sections 10309 and 10503. Not legal advice.