If someone you love has passed and left behind a house, the word “probate” probably landed on your kitchen table like an unwelcome guest. This guide explains what probate actually is, when California requires it, how long it takes, what it costs, and what you can and can't do with the house in the meantime — in plain English, no legalese.
Probate is the court-supervised process of settling a deceased person's affairs: proving the will is valid (if there is one), appointing someone to act for the estate, paying debts and taxes, and distributing what's left to the heirs. In California, probate cases are handled by the Superior Court — in San Diego County, that's the downtown courthouse — and the process follows a fairly rigid sequence of filings, notices, and waiting periods.
The word sounds intimidating, but the concept is simple: when someone dies owning assets in their own name, nobody else has the legal right to touch those assets until a court says so. Probate is how the court says so. It protects heirs, creditors, and buyers alike — which is exactly why you can't just sell a house the week after a funeral, even if every heir agrees.
Important: we're home buyers, not attorneys — this is a plain-English explanation, not legal advice. For your specific situation, talk to a California probate attorney.
Not every death triggers probate. California requires it when the deceased owned assets in their own name above the state's small-estate threshold — roughly $184,500 in total (adjusted for inflation, so confirm the current number). A house titled solely in the deceased's name almost always pushes an estate over that line, which is why inherited houses and probate go together so often. Assets that typically avoid probate include property in a living trust, jointly owned property with right of survivorship, accounts with named beneficiaries, and life insurance — plus Transfer-on-Death deeds recorded properly before death.
The practical takeaway: if your parent owned their San Diego house outright in their own name and there's no trust, expect probate. If there was a well-funded living trust, you may avoid it entirely. When in doubt, an attorney can tell you in one meeting which path you're on.
Every probate follows roughly the same sequence:
Someone — usually the named executor or a close family member — files a petition with the Superior Court asking to open probate and be appointed to act. The court sets a hearing date, typically several weeks out, and notice goes to heirs and beneficiaries.
At the hearing, the judge appoints the executor (if there's a will) or administrator (if not) and issues "letters" — the court document that gives them legal power to act for the estate. This is the moment someone can finally deal with the house.
The representative notifies known creditors, publishes a legal notice, and files an inventory and appraisal of everything the estate owns. Creditors generally have four months from the appointment to file claims.
Valid creditor claims, final income taxes, property taxes, and administration expenses get paid from estate funds. Disputed claims can add months — this is where estates often slow down.
Once debts are settled and the court approves the final accounting, remaining assets go to the heirs and the case closes. In San Diego County, the whole journey typically takes around 9 to 18 months for a straightforward estate.
Probate isn't free, and the fees surprise a lot of families. California law sets the compensation for both the attorney and the executor as a percentage of the estate's gross value — not the net after debts. The statutory schedule is 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000 (with smaller percentages on larger estates).
To make that concrete: on an $800,000 estate, the math works out to roughly $19,000 for the attorney and roughly $19,000 for the executor — about $38,000 combined, before court filing fees, legal publication, and the probate referee's appraisal fee. Because fees are based on gross value, a house with a large mortgage still generates fees on its full appraised value. These figures are approximate and based on the statute; confirm them with an attorney for your situation.
California offers simplified procedures for smaller estates, and they're worth knowing about before you assume a full probate is inevitable. For personal property (bank accounts, vehicles, and the like) below the small-estate threshold — around $184,500, inflation-adjusted — heirs can often collect assets with a simple affidavit, no court case required, after a 40-day waiting period.
Real estate has its own, much narrower shortcut: a small-value real property affidavit is available only for parcels worth roughly $60,000 or less — which, in San Diego County's market, essentially never applies to a house. So while the affidavit can help with the bank accounts and the car, the house itself usually still determines whether probate is needed. If the estate includes a San Diego house titled in the deceased's name alone, plan on probate.
Until someone has court-issued authority, nobody can sell, transfer, or refinance the house — not even if every heir agrees. This is the rule that causes the most frustration, and it's also the one that protects everyone from a single heir disposing of the family's largest asset.
Once an executor or administrator is appointed, their powers depend on the type of authority the court grants. Under California's Independent Administration of Estates Act, full authority lets the representative sell real property without a separate court hearing in most cases (heirs still get notice and can object). With limited authority, the sale generally needs court approval. Old-fashioned "court confirmation" sales — where the court auctions the property to the highest bidder — are rare today but still possible in certain situations.
What heirs can do in the meantime: live in the house, maintain it, keep it insured, and pay the property taxes. A vacant house deteriorating for a year helps no one — which is why getting authority in place and making a plan for the property early is one of the smartest moves a family can make.
Here's the good news: you don't have to wait until probate closes to deal with the house. Once the court has appointed a representative with authority to sell, the property can be sold during probate — and the proceeds simply become part of the estate. Many families sell mid-probate to stop the monthly bleed of taxes, insurance, and maintenance on a house nobody lives in.
This is exactly where we come in. We buy inherited houses throughout San Diego County — El Cajon, La Mesa, San Diego, and everywhere in between — as-is, belongings and all, and we're built to work around probate timelines. We can evaluate the property and put our written offer on the table now, then close as soon as authority is in place. Liens, back taxes, a reverse mortgage — those get resolved through title and escrow at closing, not out of your pocket.
If you're staring at a probate case and a house full of decisions, start with our inherited house guide, or read how our process works. One conversation with a local, veteran-owned buyer — 833-384-1049 — can replace months of uncertainty. And when you need legal answers, we'll be the first to tell you to call an attorney: that's what they're for, and it's what we'd do in your shoes.
Most straightforward cases in San Diego County take roughly 9 to 18 months from filing to final distribution; complicated estates, creditor disputes, or real estate complications can push it longer. California courts require several mandatory waiting periods, so even a simple probate can't be rushed through in a few weeks. If timing matters to your family — say, a house sitting vacant — talk to a probate attorney early about what can move in parallel.
In most cases, yes — or at least a consultation. Probate has strict deadlines, required notices, and court forms, and mistakes can add months. Some attorneys offer limited-scope help for simpler cases. We're home buyers, not attorneys, and nothing on this page is legal advice.
Usually, yes — with the right authority. An executor or administrator with full authority under California's Independent Administration of Estates Act can sell real property without a separate court hearing in most cases; with limited authority, the sale typically needs court approval. What's not allowed is selling or transferring the property before anyone has legal authority to act. You can absolutely talk to us early: we evaluate the house, put our offer in writing, and close when the court or the authorized representative gives the green light. See our inherited house page for how that works in practice.
California sets statutory fees: the attorney and the executor are each generally entitled to 4% of the first $100,000 of the estate's gross value, 3% of the next $100,000, and 2% of the next $800,000 (plus smaller percentages above that). On an $800,000 estate that works out to roughly $19,000 each — and that's before court filing fees, publication, and appraisal costs. These are approximate figures from the statute; an attorney can confirm what applies to your estate.
Usually, yes — that's the main reason people create living trusts. Assets properly transferred into the trust pass to beneficiaries without court involvement. But probate may still be needed for assets left out of the trust, and a poorly funded or outdated trust can create its own headaches. If there's any doubt, a quick attorney review of the trust and the asset list is money well spent.
Generally yes — heirs or family members can typically live in or maintain the property while probate is pending. The estate still needs to cover insurance, property taxes, and upkeep. Leaving a house vacant for a year invites break-ins and damage, so having someone there — or selling sooner — is often the practical move.
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This page is general information, not legal, tax, or financial advice. Foreclosure, probate, tax, and divorce situations vary — talk to a qualified attorney, CPA, or tax adviser about your specific circumstances.