Named executor or administrator in California? This step-by-step guide covers your duties, the probate timeline, when you can sell the house (full vs. limited authority), small-estate shortcuts, costs, and selling as-is.
If you've been named executor in a will — or a family member has died and everyone is looking at you to "handle the house" — this guide is for you. It walks through what probate actually requires of the person in charge, step by step: what your duties are, how long it takes, when the house can legally be sold, what it costs, and the mistakes that quietly add months to a case.
One thing up front, because it matters: RCEA LLC is a veteran-owned San Diego County cash home buyer and property investment company. We are not attorneys, and nothing in this guide is legal advice. Probate has strict deadlines and court forms, and most executors work with a California probate attorney. Think of this guide as a plain-English map — your attorney is still the guide for your specific case.
California uses these terms in specific ways, and sorting them out early prevents a lot of confusion:
Until the court appoints you and issues a document called Letters (Letters Testamentary for an executor, Letters of Administration for an administrator), you do not yet have legal authority to act for the estate — even if the will names you, and even if every heir agrees. That single fact drives much of the timeline below.
Probate is the court-supervised process of settling a deceased person's affairs: proving the will is valid (if there is one), appointing a personal representative, identifying and valuing what the estate owns, paying debts and taxes, and distributing what's left to the heirs. In California, probate cases are heard in the Superior Court of the county where the deceased person lived. When someone dies owning a house in their own name alone — no trust, no joint tenancy, no transfer-on-death deed — that house almost always brings the estate into probate, because a house's value alone usually exceeds California's small-estate limits (covered below).
Being appointed is not an honorary title. A personal representative is a fiduciary — you are legally required to act in the best interest of the estate and its beneficiaries, and you can be personally responsible if you don't. In practical terms, your duties include:
That's the job. It is methodical rather than difficult, but it does not forgive missed deadlines.
Every case is different, and hearing dates vary by county and by court calendar. For a straightforward, uncontested estate in California, the California Courts' self-help guidance and common practice put the full journey at roughly 9 to 18 months from filing to final distribution. Complicated estates — disputes among heirs, contested claims, a business, property in more than one state — can run longer. Here is the sequence:
Step 1 — File the Petition for Probate. You (usually with an attorney) file a petition in Superior Court asking the court to open probate, admit the will if there is one, and appoint you. Notice of the hearing is mailed to heirs and beneficiaries and published in a local newspaper. The first hearing is set by the court's calendar — allow at least several weeks, and know that timelines vary by county and court.
Step 2 — The hearing and your appointment. If no one objects, the court appoints you and issues your Letters. This is the moment you gain legal authority to act: open estate accounts, deal with the house, and start the clock on the duties above. Depending on the case, the court may also require a bond.
Step 3 — Inventory, appraisal, and creditor notice (roughly the first four months). File the Inventory and Appraisal (generally due within four months of Letters), with the probate referee valuing the house and other non-cash assets. Give notice to known creditors; the creditor claim period runs as described above — generally four months from when Letters were first issued.
Step 4 — Manage, and if appropriate, sell the property. This is where the house decision happens (next section). You also pay valid claims, keep taxes and insurance current, and handle any disputes.
Step 5 — Final accounting and petition for distribution. Once claims are resolved and the claim period has closed, you file your final accounting and ask the court to approve distribution. A status report is generally expected if the estate is not ready to close within about a year after Letters issue (or 18 months where a federal estate tax return is required) — another reason "9 to 18 months" is the honest range.
Step 6 — Distribution and closing. After the court approves, you distribute the remaining assets, record any deeds, file receipts, and the case closes.
This is the question executors ask us most, and the answer lives in a document you already have: your Letters state whether you were granted full authority or limited authority under California's Independent Administration of Estates Act (IAEA).
With full authority, you can sell the estate's real property without a separate court confirmation hearing — the sale proceeds much like an ordinary sale. There is still a required protection for heirs: before the sale, you generally must give a Notice of Proposed Action to all interested persons, who then have 15 days to object. If no one objects (or everyone consents or waives notice in writing), you can proceed. If someone does object, court involvement may be required for that sale.
With limited authority, a sale of real property generally requires court supervision and confirmation. In practical terms:
Confirmation adds time and uncertainty, which is why attorneys often request full authority at the outset when the will permits it or the heirs agree. Whether you have full or limited authority is not a detail; it changes how, when, and to whom you can sell.
You cannot sell, transfer, or refinance the house before Letters are issued — not even with every heir's blessing. A deed signed without authority creates a title problem, not a sale. You also should not distribute sale proceeds to heirs early: the money belongs to the estate until claims, taxes, and expenses are resolved and the court approves distribution.
Not every estate needs full administration. Before you file, check whether a simplified procedure fits — an attorney can confirm eligibility in one conversation. All dollar figures below are for deaths on or after April 1, 2025; earlier deaths use lower figures, and the amounts are adjusted every three years.
If the estate includes a San Diego house titled solely in the deceased person's name and none of the above fits, plan on full probate. That is the common case, and there is nothing unusual or shameful about it.
California sets the ordinary compensation for both the attorney and the personal representative by statute, as a percentage of the estate's value — calculated on gross value, without subtracting mortgages or other debts. The schedule (Probate Code §§10800 and 10810) is:
Worked examples, for the statutory fee each (attorney and personal representative are each entitled to the scheduled amount for ordinary services, though a family-member executor may choose to waive theirs):
On top of statutory fees, expect court filing fees (set by statewide fee schedules and varying with the filing — confirm the current amount with the court or your attorney), newspaper publication costs, and the probate referee's fee, which is set by statute at one-tenth of 1% (0.1%) of the value of the property the referee appraises, plus expenses. Extraordinary services — litigation, complex tax work, and certain sale-related work — can be compensated on top of the ordinary fee, but only with court approval. The estate also carries the house while the case is open: property taxes, insurance, utilities, HOA dues, and maintenance. Those carrying costs are often the quiet argument for resolving the house sooner rather than later.
You do not have to wait until probate closes to sell. Once you have Letters with authority to sell, the house can be sold during administration, and the proceeds simply become estate funds to be accounted for and distributed at closing. For many families this is the practical choice: it stops the monthly bleed of taxes, insurance, and upkeep on a house nobody lives in, converts a disputed asset into divisible cash, and removes the risk of a vacant property deteriorating.
"As-is" means the estate sells the property in its current condition, without making repairs. That is entirely compatible with probate — executors sell as-is routinely, especially when the house needs work, contains a lifetime of belongings, or sits far from where the heirs live. A few probate-specific notes:
We buy inherited houses throughout San Diego County, as-is — belongings, deferred maintenance, liens and back taxes handled through title and escrow at closing — and we are set up to work on probate timelines: we can evaluate the property and put a written, no-obligation cash offer on the table now, then close when your authority and the court process allow. If a traditional listing makes more sense for your estate, we will tell you that plainly.
If you're an executor staring at a house full of decisions, call or text us at 833-384-1049, 7 days a week. One conversation with a local, veteran-owned buyer can replace months of uncertainty — and when you need legal answers, we'll be the first to say: that's a question for your probate attorney, and it's what they're there for.
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For a straightforward, uncontested estate, roughly 9 to 18 months from filing to final distribution. The Probate Code builds in mandatory waiting periods — including the four-month creditor claim window — so even a simple case can't close in a few weeks. Disputes, contested claims, or a complicated property can extend it. Hearing dates and processing times vary by county and court.
Not until the court appoints you and issues Letters. Being named in the will gives you priority to serve, not authority to act. Once Letters issue, whether you can sell without a court confirmation hearing depends on whether you were granted full or limited authority under the Independent Administration of Estates Act.
Full authority lets the personal representative sell real property without a separate court confirmation hearing, after giving interested persons a Notice of Proposed Action and a 15-day opportunity to object. Limited authority means real property sales generally require court confirmation — including an appraisal within one year and a price of at least 90% of the appraised value, with the possibility of overbids at the hearing. Your Letters state which authority you hold.
Yes, in most cases. Once a personal representative with authority to sell is appointed, the property can be sold during administration; the proceeds remain estate property until the court approves final distribution. What you cannot do is sell before anyone has legal authority to act.
No. Depending on the facts, a §13100 affidavit (personal property, estate of $208,850 or less for deaths on or after April 1, 2025), a §13200 real property affidavit ($69,625 or less, after six months), a §13151 petition for a primary residence worth $750,000 or less, or a spousal property petition under §§13500/13650 (no dollar cap) may avoid full administration. An attorney can tell you quickly which path — if any — fits.
Under the statutory schedule, the ordinary fee is about $19,000 for the attorney and about $19,000 for the personal representative on an $800,000 estate — roughly $38,000 combined — plus filing fees, publication, and the probate referee's fee (0.1% of the appraised value of property appraised). Statutory fees are calculated on gross value, not equity, so a mortgage does not reduce them.
Yes. Executors sell estate property as-is routinely. The estate should still be honest about known conditions, and your authority level determines whether court confirmation is required — but repairs, clean-outs, and staging are not prerequisites to a sale.
Generally, no — the personal representative acts for the estate. With full authority, heirs receive notice and can object within 15 days, but unanimous consent is not required. With limited authority, the court itself must confirm the sale. Persistent disagreement is a reason to involve your attorney early, not a reason to stall.
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This guide is general information about California probate, not legal, tax, or financial advice, and it is not a substitute for advice about your specific estate. Probate law, dollar thresholds, and court procedures change, and timelines vary by county and court. Talk to a qualified California probate attorney about your situation. RCEA LLC is a property investment company and cash home buyer — not a law firm, and not a real estate brokerage.