Selling a Probate Home
Can I List a Probate Home Before Receiving Letters?
You can do a great deal of preparation before Letters are issued, but you cannot bind the estate to a sale until the court has appointed you and issued Letters Testamentary or Letters of Administration. Those Letters are your legal proof of authority to sign on behalf of the estate.
What you can do in the meantime is real and valuable: interview agents, get the home cleaned and photographed, order pre-listing inspections, research comparable sales, and line up a marketing plan so you are ready to launch the moment authority is granted. Some representatives also begin quiet pre-marketing so there is buyer interest ready to go.
The bright line
Do not sign a binding listing agreement or accept an offer that commits the estate before you hold Letters. In estates without full authority, the personal representative also needs prior court approval before entering an exclusive listing at all.
San Diego Superior Court Local Rule 4.13.4; California Probate Code sections 10150 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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