Court Approval Required for Sale of Probate or Trust Property in California

In California, when the Executor or administrator of the estate does not have “full independent powers” the sale of real estate must have court approval, also known as court confirmation.
First an offer must be accepted by the seller on the property subject to court approval.  Then the attorney for executor or administraot would petition the court for confirmation of the sale.
After that petition is filed, a court date is set, which usually takes place between 30-45 days after the petition is filed.
At a probate court confirmation of sale hearing in California, the accepted purchase offer may be overbid by other buyers.  The minimum overbid amount must be 10% of the first $10,000.00 plus 5% of the balance up to the amount of the accepted offer.

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