Probate Sale Process: A Step-by-Step Guide for Agents

Selling real property through probate requires agents to navigate legal requirements that don't exist in standard transactions. Before listing a probate property, confirm the following with the personal representative or their attorney: Does the will contain a power of sale clause? Does the personal representative have full or limited IAEA (Independent Administration of Estates Act) powers? Is the property specifically bequeathed to someone? Has an appraisal been completed?

Listing the Property: If the personal representative has full IAEA powers, they can sign an exclusive right-to-sell listing agreement without giving notice and without a court order. If the personal representative has limited IAEA powers, the attorney must first mail a Notice of Proposed Action regarding the intent to list, and a court order authorizing the listing agreement may be required.

Marketing and Accepting an Offer: Once listed, the property is marketed like any other listing. When an offer is accepted: if sold using full IAEA powers, a Notice of Proposed Action must be sent to all heirs and beneficiaries before escrow can close. If sold using limited IAEA powers, court confirmation of the sale is required — this adds time and procedural steps.

Closing Escrow: For IAEA sales, escrow will need the executor's or administrator's deed, a copy of the Notice of Proposed Action, an attorney opinion letter, and certified copies of proof of mailing of the Notice, the Order for Probate, and Letters Testamentary or Letters of Administration. For court-confirmed sales, escrow will need the executor's or administrator's deed and a certified copy of the order confirming the sale.

Team Goeglein at Fidelity National Title has closed hundreds of probate transactions across the South Bay and Westside LA. Matt Goeglein and Xavier de la Piedra IV coordinate with probate attorneys and personal representatives to ensure all documentation is in order well before the closing date.