The Probate Process in California, Explained
A plain-English overview of how the California probate process works when a home is involved — who gets appointed, and when the property can actually be sold.
Watch the video, or read the full guide below.
If you’ve inherited a property and it’s going through the probate process in California, you’re probably wondering one thing: what happens next? Probate is simply the court-supervised process of settling someone’s estate after they pass away — confirming who has authority to act, paying any debts, and distributing what’s left to the heirs.
When a house is part of the estate, that authority is what determines when, and how, the home can be sold.
The court appoints a personal representative
Early in probate, the court appoints a personal representative to manage the estate. If the person who passed left a will naming someone, that person is the executor. If there’s no will, the court appoints an administrator. Either way, this is the person legally empowered to act on behalf of the estate — including selling real estate.
When can you sell the home?
This is where the type of authority matters. Depending on the authority the court grants, you can sometimes sell the house associated with the estate before probate has even closed. In other cases, the sale has to go back to the court for confirmation before it’s final.
That’s why knowing exactly where you stand is the most important part. The right strategy for an estate with full authority looks very different from one that requires court confirmation.
Help at every stage
Families get connected with a probate specialist at all different points in the process. Sometimes it’s right at the very beginning — working through the inventory, the estate sale, and all the smaller steps that get you to the point where you can actually sell the house. Other times, it’s once the court has given full confirmation, and from there it looks much like a normal sale.
Wherever you are in the process, the goal is the same: understand your authority, then make the best decision for your family.
Full authority vs. limited authority — the distinction that shapes everything
California’s Independent Administration of Estates Act (IAEA) lets the court grant the personal representative either full authority or limited authority. With full authority, the home can usually be sold much like a normal sale — you give the heirs a formal Notice of Proposed Action, and if no one objects, the sale closes without a court hearing.
With limited authority, the accepted offer must go back to the court for confirmation, where other buyers can overbid it at the hearing. Neither path is “bad” — but they call for different pricing, marketing, and timeline strategies, which is why I always confirm the authority before the home is ever listed.
Where probate actually happens in LA and Ventura Counties
If the property is in Ventura County — Thousand Oaks, Newbury Park, Camarillo, Simi Valley — the probate case is filed and heard at the Juvenile & Probate Courthouse at 4353 E. Vineyard Avenue in Oxnard, not the main courthouse in Ventura. For most Los Angeles County properties, including Westlake Village, Agoura Hills, and Calabasas, probate is heard at the Stanley Mosk Courthouse downtown at 111 N. Hill Street.
Your attorney handles the filings; my job is to make sure the property is ready to move the moment the court grants authority, so the estate never loses months waiting on the house.
Frequently asked questions
Do I need to wait until probate is finished to sell the house? +
Often, no. If the court grants full authority, the property can usually be sold before the estate is fully settled. Other cases require court confirmation of the sale.
What’s the difference between an executor and an administrator? +
An executor is named in the will. An administrator is appointed by the court when there’s no will. Both have authority to manage and sell estate property.
Where is probate filed for a home in LA or Ventura County? +
Ventura County probate is filed at the Juvenile & Probate Courthouse in Oxnard (4353 E. Vineyard Ave). Most Los Angeles County cases are heard at the Stanley Mosk Courthouse downtown (111 N. Hill St).
Does every estate have to go through full probate? +
No. Smaller estates can often use simplified procedures, and recent California law lets many primary residences under roughly $750,000 transfer through a streamlined petition instead of full probate. A probate attorney can confirm quickly whether the estate qualifies.
This guide is general education, not legal or tax advice. Every estate is different — for specifics, consult your attorney or CPA, or reach out to Anne directly.
Have questions about your situation?
I help families navigate probate and trust real estate across Ventura County and Los Angeles County.