If you're selling a probate property in California, there's a good chance the sale will need to go through court confirmation. This process is unique to probate sales and works differently than a standard real estate transaction. Understanding how it works can help you set realistic expectations and avoid surprises.
What Is a Court-Confirmed Sale?
After the personal representative accepts an offer on a probate property, the sale must be approved by the probate court. The court sets a confirmation hearing where the sale is presented to a judge. Here's the key: other buyers can overbid at this hearing.
At the confirmation hearing, the opening bid is the accepted offer price plus 10% of the first $10,000, plus 5% of the balance. Overbidders must increase their offer by at least this minimum. The property goes to the highest bidder at the hearing.
The Timeline
- After accepting an offer, the listing agent files a petition with the court
- A hearing date is set — usually 4-6 weeks out
- Notice of the sale is published and posted on the property
- At the hearing, the judge reviews the sale and entertains overbids
- The winning bidder is approved by the court
- Escrow closes after the court order is signed
What This Means for You
Court confirmation can work in your favor — it's not uncommon for a property to sell for more than the accepted offer due to overbidding. However, it also means the process takes longer than a standard sale (add 4-6 weeks for the hearing) and there's a small chance the original buyer backs out after learning about the overbid process.
At SoCal Probate Homes, we guide you through every step of the confirmation process and prepare you for what to expect at the hearing.