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Rudy Flores · (619) 392-6714 · Real Estate Strategist, Realtor® · CalDRE #02257808 · Responsible Broker CalDRE #01481919
The steps of a court-supervised estate sale in San Diego County, from the letters to closing, with the local court rules and the overbid math worked out.
Probate has more steps than an ordinary sale, and every one of them is written down. Here they are in order, with the San Diego court’s own rules beside each one.
Selling a home through probate and want a plan for it? The Home Strategy Quiz is four quick questions, and Rudy reads every answer himself.
Take the Home Strategy QuizThe California courts’ self-help guide describes the opening steps. Someone files a Petition for Probate (DE-111) in the county where the person who died lived. The filing fee is typically $435, and it can usually be repaid from the estate. A notice is published in a local newspaper, a hearing is held, and the judge appoints the personal representative: the executor named in a will, or an administrator when there is none. The guide puts a typical formal probate at 9 to 18 months, sometimes longer.
In San Diego County, all probate cases are heard in the Central Division. Papers are filed at 1100 Union Street, San Diego 92101 (the Probate Business Office is on the third floor), and there is a drop box at 325 S. Melrose Dr., Vista.
The Order for Probate (form DE-140, item 4) and the Letters (DE-150) say whether the representative has full or limited authority under the Independent Administration of Estates Act. That one checkbox shapes the whole sale.
Limited authority means no power, without court supervision, to sell or exchange real property, grant an option to buy it, or borrow against it (forms DE-140 and DE-165). San Diego’s Local Rule 4.13.4 adds that a representative with no or limited authority does not sign an exclusive listing or a sale contract without the court’s approval first. With full authority, the representative can usually sell using the notice described below.
Form DE-147 sets the early clock: the inventory and appraisal is due within four months after letters are first issued, a court-appointed probate referee values the property unless that is waived, and the change in ownership statement goes to the Assessor at the same time. (The Assessor’s own deadline for that statement is 150 days from the death.)
If more than one year passes between the date of death and the confirmation hearing, form DE-260 calls for a reappraisal. Creditor claims run on their own timetable, as the Orange County court’s guide explains: the later of four months after letters are first issued or 60 days after notice is sent, and no late claims after one year from the death. Many representatives plan the listing calendar with their attorney around these dates.
With full authority, the representative can sell after giving a Notice of Proposed Action (form DE-165), as the Alameda and Orange County court guides describe. The notice states the material terms of the sale, including the price and the agent’s commission, along with the inventory value (DE-165, item 4).
It goes out at least 15 days before the date in the notice, mailed or handed over by someone other than the representative, and signed consents or waivers can shorten the wait. Anyone who objects in writing, or gets a court order, sends the sale to court supervision; anyone who does not object is treated as consenting. The DE-165 itself says such a sale is not presented to the court for a confirmation hearing at which higher bids may be made.
When the court supervises the sale, San Diego’s Local Rule 4.13.1 calls for a published notice of sale unless one of the Probate Code’s exceptions (sections 10301 to 10303) applies. Accepted offers go to the court with the Report of Sale and Petition for Order Confirming Sale (DE-260), which covers the appraisal or reappraisal, the reason for the sale and the efforts made to expose the home to the market; the form’s own examples are “multiple listings, advertising, open houses.”
At the hearing, other buyers may overbid in open court. In San Diego, an overbidder brings certified funds of at least 10% of the bid plus a loan qualification letter or bank statements, and a successful overbid needs form PR-065 filed before the hearing ends (Local Rules 4.13.11 and 4.13.12). The court confirms only to the actual buyer, not a nominee, and requires a reasonable deposit (Local Rules 4.13.2 and 4.13.6).
The court sets the commission at the confirmation hearing, and it is paid from the sale proceeds (San Diego Local Rules 4.13.4 and 4.13.5).
Form DE-260 (item 10) sets the first overbid at the accepted bid plus 10% of the first $10,000 plus 5% of the rest. Here is that arithmetic on three example bids.
| Accepted bid | 10% of the first $10,000 | 5% of the rest | Minimum first overbid | Overbidder’s deposit in San Diego (at least 10%) |
|---|---|---|---|---|
| $650,000 | $1,000 | $32,000 | $683,000 | $68,300 |
| $925,000 | $1,000 | $45,750 | $971,750 | $97,175 |
| $1,250,000 | $1,000 | $62,000 | $1,313,000 | $131,300 |
The judge runs the bidding at the hearing, and the order confirming the sale controls. This is arithmetic from form DE-260, item 10.
Buying a probate home takes some patience. Expect the court’s timeline, and know that a court-confirmed sale can be overbid at the hearing, so the accepted price is not final until the order is signed. Get a lender letter early: San Diego’s rule asks overbidders for one, and the representative will want to see that a buyer can close. The questions to ask a lender page helps, and the lender note under “Keep exploring” follows.
Ask to see what the court will see: the inventory value, any reappraisal and the reason for the sale. Rudy can walk you through the paperwork on a specific home.
The estate attorney prepares the petition, the Notice of Proposed Action or the report of sale, and advises the representative. Rudy prices, prepares, markets and shows the home, gathers the offers and coordinates escrow, and he works on the court’s timetable. A comparable-sales review from Rudy is not an appraisal; the referee’s value is the one the court uses.
Who Rudy works for. When he lists an estate home, Rudy and Coldwell Banker West represent the seller: the estate, acting through its executor or administrator, not each heir. If an heir wants to buy the home, that heir can bring their own agent, and Rudy works with both sides only with everyone’s written agreement.
Disclosures. An executor or administrator selling in that role usually doesn’t complete the Transfer Disclosure Statement (Civil Code section 1102.2(d)). Natural-hazard disclosures still apply, and anything the representative knows about the home’s condition should still be passed along to buyers.
Share the address and what you know. Rudy reviews the nearby sales and sends a written comparable-sales value for today, and he can share recent sales around the date of death to bring to your CPA or appraiser. It is not an appraisal; the probate referee’s value is the one the court uses.
The California courts’ guide says formal probate typically takes 9 to 18 months and can take longer. A home can be sold during that time, once the court has issued letters, under the authority the court granted.
Yes, once letters have issued. With full authority it is usually done with a Notice of Proposed Action; otherwise the sale goes to the court for confirmation. The estate attorney confirms which applies.
In a court-confirmed sale, another buyer can offer more at the hearing. Form DE-260 sets the first overbid at the accepted bid plus 10% of the first $10,000 plus 5% of the rest; on a $650,000 bid that is $683,000.
With a Notice of Proposed Action, anyone entitled to notice who does not object in writing is treated as consenting; an objection sends the sale to court supervision.
In San Diego, the court sets it at the confirmation hearing, and it is paid from the sale proceeds (Local Rules 4.13.4 and 4.13.5).
Yes. San Diego’s rule asks overbidders to bring certified funds of at least 10% of their bid and a loan qualification letter or bank statements.
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General information for orientation, not legal, tax, financial or appraisal advice. Details change; confirm anything that matters with the official source, your lender and your agent.