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Court Confirmation and Overbids

What Is Court Confirmation in a Probate Sale?


Court confirmation is a hearing where a probate judge reviews and approves the sale of estate real property. It applies when the personal representative does not hold full authority under the IAEA. The representative accepts an offer, then petitions the court to confirm the sale, and the judge either approves it or opens it to higher bids in the courtroom.

What the court is checking

The judge looks at whether the price is fair, whether proper notice was given, and whether the sale serves the estate. In a confirmation sale the accepted price must be at least 90 percent of the probate referee's appraised value, and the sale remains open to overbids at the hearing. The representative must report the sale and petition within 30 days of accepting the offer.

California Probate Code sections 10308, 10309, and 10313. Not legal advice.

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