How Probate Works in California

Inheriting a house sounds simple until you hit the word probate — the court process that transfers a deceased person’s assets to their heirs. In California it’s usually required when someone dies owning real estate in their name alone, without a living trust.

The process runs from filing a petition, to the court appointing a personal representative, to inventorying and appraising the estate, paying creditors, and finally distributing what’s left. Start to finish it commonly takes nine to eighteen months.

Here’s the key point most heirs don’t realize: you often don’t have to wait for probate to finish to sell the house. Once the representative has authority, the home can typically be sold during probate — smoothly if they have full authority under the Independent Administration of Estates Act (a California law that lets the sale go through without a separate court hearing), or with a court’s sign-off otherwise. A buyer experienced with probate can work within either path and coordinate with your attorney.

For many families — splitting proceeds among siblings, dealing with a house that needs work, or living out of the area — a cash sale is the cleanest exit. We cover it on our guide to selling an inherited house. Probate is genuinely complex, so consult a California probate attorney about your estate — but know that selling can usually happen during probate, not just after.