Probate can feel like a puzzle, especially when real estate sits at the center. A house often carries memories along with financial value, so family members want clear answers right away.
At Price Law Firm, APC, we work every day with Redlands families facing these questions, and we see the stress that follows uncertainty. This article explains how California courts treat a home during probate, giving you a practical roadmap while reminding you to talk with a lawyer about your unique facts.
What is Probate and Why is it Necessary in California?
Before we talk about the house itself, we need to look at probate in general. Probate is a court-supervised process for distributing a deceased person’s property. The judge validates the will, appoints an executor, orders payment of valid debts, and finally transfers whatever remains to the rightful heirs.
California Probate Code, which runs well over a thousand sections, sets the rules. By putting an impartial judge in the driver’s seat, the state reduces the risk of fraud and provides a public record of what happened to the estate.
That record is especially helpful when real estate is involved, because title companies will not pass clear titles without it.
Initial Steps: What Happens Immediately After Death?
The first formal step is filing the will, together with a petition for probate, in the Superior Court of the county where the decedent lived. If the will names an executor, that person usually serves. When no one is named, the court appoints an administrator, often a close relative.
Once appointed, the personal representative must:
- Gather and safeguard assets, such as bank accounts, vehicles, and the house.
- Hire a licensed appraiser to place a date-of-death value on the property.
- Mail notice to creditors and publish notice in a local paper, giving creditors time to file claims.
- Pay approved debts and required taxes from estate funds, following California Probate Code timelines.
These early duties set the foundation for the choices that follow regarding the house.
Options for the House During Probate in California
California law gives the personal representative several paths, each influenced by the will, creditor demands, family wishes, and liens on the property.
Transfer to Heirs Named in the Will
If the will states that a child or spouse receives the house, the executor files a petition for distribution once debts are settled. The judge signs an order, and a certified copy is recorded with the county recorder to transfer title.
The heirs then decide whether to keep living in the home or place it on the market. Any mortgage or tax lien stays with the property, so the heirs must accept those obligations.
Transfer to Heirs According to Intestate Succession (No Will)
When no valid will exists, California Probate Code sections 6400–6414 list who inherits. Generally, a surviving spouse and children split the property in shares set by statute. The court reviews family relationships, confirms the correct heirs, and issues an order transferring title. Again, existing liens follow the property.
Sale of the House to Pay Debts or Divide Assets
If the estate lacks liquid funds, the personal representative may seek court permission to sell the house. Under California Probate Code section 10300 and following, the sale must follow specific notice, appraisal, and over-bid rules. After closing, the representative pays debts and distributes any balance to beneficiaries.
Selling a House During Probate: Important Points
A probate sale looks similar to an ordinary listing but has extra court oversight. Many representatives use a real estate agent who understands California probate rules. The buyer often signs a contract that is “subject to court confirmation,” adding several weeks to the timeline. During the hearing, other bidders may appear and must raise the offer under the over-bid formula in Probate Code §10313.
The chart below summarizes how the three most common probate sale methods differ.
| Procedure | When Used | Court Confirmation Needed? | Typical Timeline |
| Full Authority (Independent Administration) | The estate qualifies under IAEA, and no beneficiary objects. | No, unless an interested party requests it within 15 days. | 60–90 days from listing to close. |
| Limited Authority | Estate opts into IAEA, but the beneficiary objects, or the court limits powers. | Yes. | 90–150 days, due to the hearing and over-bid period. |
| Traditional Court Sale | Estate does not use IAEA, or the property is in another county. | Yes, always. | 120–180 days, sometimes longer if over-bidders appear. |
Your representative must also keep insurance in place, pay utilities, and guard against vandalism until the deal closes.
Can Someone Live in the House During Probate?
Whether your relative can remain in the home largely depends on the estate’s cash flow and the representative’s judgment. California courts generally allow occupancy if the estate is protected.
Your personal representative should weigh:
- The cost of maintaining an empty residence versus having someone on site.
- Whether rent should be charged to offset taxes, insurance, and mortgage payments.
- Potential conflicts among heirs if one person gains exclusive use.
If continued occupancy risks reducing estate value, the court can order the occupant to pay rent or move out.
Responsibilities of Occupying a Property During Probate
As an occupant, you are not merely a guest. You must keep the property in good repair, mow lawns, handle minor fixes, and prevent damage. Monthly bills for electricity, water, and trash usually fall on the occupant as well. Large projects, such as replacing a roof, need prior court approval because they affect the estate value. Occupancy lasts only until the house is transferred or sold, so long-term remodeling rarely makes sense.
Alternatives to Probate for Real Estate in California
Many families prefer to pass a home outside probate entirely. Popular methods include:
- Living Trusts. When the trust holds title, the successor trustee records an affidavit and passes the property without court involvement.
- Joint Ownership with Right of Survivorship. Title automatically vests in the surviving owner upon death, subject to recording an affidavit.
- Transfer-on-Death (TOD) Deeds. Allowed under Probate Code §5600, a TOD deed names a beneficiary who records a simple form after the owner’s death. Creditors still have limited rights, but probate is avoided if no contest arises.
Choosing one of these routes can save time, reduce fees, and keep your family affairs private.
How Price Law Firm, APC Can Assist You With Probate
At Price Law Firm, APC, we help California families handle probate and estate matters with clarity and confidence. From transferring property and resolving creditor claims to exploring probate alternatives, our team provides practical solutions respecting your family and finances. Call us today in Redlands at 909-328-7000 or contact us online to move forward with peace of mind.
