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Can a House be Sold in Probate?

Yes, a house can be sold in probate.

The simple answer to this question is yes; a house can be sold while in probate. Real estate is typically the largest asset within the estate and experience shows that most Executors and Administrators choose to sell the house during the probate period. 

Since a California probate on average lasts over a year, in my opinion, it is best to sell the probate house simultaneously with the open probate proceedings with the Probate Court. Why? 

  • Because many homes in probate have traditional or reverse mortgages, a mortgage payment is only one of the carrying costs for the estate. You have utilities, property taxes, and property insurance, landscape maintenance, perhaps homeowner insurance and even Mello-Roos fees. Month after month, these expenses can eat away at the estate proceeds.

 

  • Another issue to consider is the responsibility and liability of the real estate. Things happen, thankfully we don’t experience freezing pipes, but we do occasionally have water leaks from plumbing or a heavy rain, properties can be broken into and damaged or even worse occupied by vagrants.

These are some important things to consider and talk over with your attorney, tax advisor and real estate advisor.

 Another thing to be aware of is the importance of keeping the property insurance in force. When insurance companies become aware that the probate house is vacant they will want vacant house insurance. As you can imagine insurance companies do not like insuring vacant houses. Because they don’t like it, this type of insurance can cost twice as much as typical property insurance. Most of my clients manage to keep the decedent’s property insurance in place, but it is a big surprise for those who need to pay for vacant house insurance until the property is sold.

 

Now the great news is that once the decedent’s house is sold, relieving you of the responsibility, the proceeds are placed in an estate savings account until the probate is completed. Then the assets are distributed to the beneficiaries. 

For answers to your questions about your exact circumstances and what your next best step with the probate, call me at 760-912-8905. It’s important that you get the facts so that you can make an information decision. I’m Charlotte Volsch, my team and I have helped other Executors and Administrators in your exact circumstances, dealing with a house in a probate. I’m here to help.

Charlotte Volsch

What’s the right way to handle an inherited property—renovate, list, or sell it as-is? I am Charlotte Volsch, an Estate Property Advisor and Probate & Trust Real Estate Specialist helping attorneys, executors, and families make clear, confident decisions when selling inherited homes. I help attorneys, executors, and families navigate inherited property decisions throughout the Inland Empire and High Desert of Southern California, including Apple Valley, Victorville, Hesperia, Rancho Cucamonga, Redlands, Loma Linda, Fontana, and surrounding communities. Over the course of my career, I have completed 774+ real estate transactions across 24 years, including more than 230 probate and trust property sales. For the past 16+ years, I have focused specifically on estate property situations, working alongside probate and trust attorneys, fiduciaries, and their clients to guide each case from evaluation through sale. Many families are unsure what to do with an inherited home—whether to invest in repairs, list it traditionally, or sell it as-is. Without a clear strategy, estates can make costly mistakes such as over-improving a property, underpricing it, selecting the wrong sale method, or facing delays that impact timelines and estate objectives. I help evaluate those decisions early, so attorneys and their clients can move forward with clarity, avoid unnecessary risk, and choose the most appropriate path based on the property and the situation. I work directly with attorneys and their clients to determine the best path forward, whether that involves preparing a property for the retail market or facilitating a direct sale through a network of qualified investors. For properties that require repairs, may not qualify for traditional financing, or are best suited for as-is sale, I provide access to a network of more than 50 active real estate investors. Over the past 12 months, I have closed 68 transactions, reflecting consistent production and experience navigating changing market conditions. I guide each case using the C.A.L.M. Method: C — Clarify We identify what matters now versus what can wait. A — Align We define priorities—legal, financial, and personal. L — Lead I guide each step in the proper order to avoid delays and unnecessary complications. M — Move Forward Clients proceed with clarity and confidence. I am the Broker Owner of The Volsch Team at Volsch Enterprises, Inc., and hold certifications in Probate Real Estate through the National Association of Realtors (NAR) as well as Certified Probate Real Estate Advisor (Probate Biz). If you are an attorney handling probate or trust matters—or assisting a client with an inherited property—I’m available as a resource to help evaluate the best path forward.