Question 1

How long does probate take in California?

Accepted Answer

There is no single clock. A straightforward Independent Administration of Estates Act (IAEA) estate with cooperative heirs, a marketable house, and no creditor fights can close the property sale in a few months and finish the rest of the probate later. A contested will, a missing heir, a reverse mortgage, or a required court-confirmed sale at the Stanley Mosk Courthouse will stretch the timeline.

Question 2

Can an executor sell a house before probate is complete?

Accepted Answer

An executor or administrator generally cannot convey California real property on the strength of a will sitting in a drawer. Title companies look for Letters Testamentary or Letters of Administration, and for the statutory power to sell.

Question 3

What is a court-confirmed sale?

Accepted Answer

When a personal representative lacks full IAEA authority, or when confirmation is otherwise required, the sale of estate real property goes to a confirmation hearing. In Los Angeles County that often means the Stanley Mosk Courthouse. The accepted offer is presented to the court. Other buyers may overbid.

Question 4

How does a reverse mortgage affect probate?

Accepted Answer

Most reverse mortgages, including HECMs, become due and payable when the borrower dies (or permanently leaves the home). Servicers send notices. There are federal timelines for heirs to decide whether to pay off, sell, or turn the keys over. Ignoring the mail does not pause the loan.

Question 5

What is a probate referee?

Accepted Answer

California Probate Code provides for probate referees: independent appraisers appointed to value estate assets as of date of death. Their work lands on the Inventory and Appraisal filed with the court. That inventory is a legal and tax document. It is not a marketing CMA.

Market notes and probate practice.

A question the archive does not cover?