Selling a Probate Home
Who Signs the Listing Agreement in a Probate Sale?
The personal representative, meaning the executor or administrator appointed by the court, signs the listing agreement as the seller. Heirs and beneficiaries do not sign, because they do not hold legal title or authority over the property. The representative acts on behalf of the estate.
In California probate listings, a standard listing form is used together with the Probate Listing Addendum so the agreement reflects that the seller is an estate and, where applicable, that the sale is subject to court confirmation. The original listing period is limited to 90 days, with extensions, and in estates without full authority the court must approve the listing.
California Probate Code section 10150; San Diego Superior Court Local Rule 4.13.4. 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.
Free Probate Home Consultation