Answers to the questions that come up most
General information to help you get oriented — not a substitute for advice from your own probate attorney or CPA, who can speak to your estate's specific facts.
How long does probate take in California?
For a straightforward, uncontested Los Angeles County estate, expect roughly 9 to 14 months from filing to a closed home sale. Estates with full IAEA authority tend to move faster; estates requiring court confirmation or facing a sibling objection typically take longer. Confirm your estate's specific timeline with your probate attorney — this range is general, not a guarantee.
What's the difference between independent administration (IAEA) and court confirmation?
Under full authority granted by the Independent Administration of Estates Act, the executor can list, market, and sell the home much like a standard sale — a Notice of Proposed Action goes out, a short objection window clears, and the sale closes without a courtroom appearance. Without full authority, or if an heir formally objects, the sale requires a court confirmation hearing, which can include courtroom overbidding and typically adds several months to the timeline. See The Probate Process for the full walkthrough.
What does a probate referee do, and can I choose my own?
A probate referee is an independent appraiser assigned by the California court system, not chosen by you or by me, to value the estate's assets — including real property — as of the date of death. Their appraisal can set the reference point for court-confirmation overbidding, and it can matter for the estate's stepped-up cost basis at tax time.
Can I sell an inherited house before probate closes?
In many cases, yes — a sale can proceed while probate is open, particularly under full IAEA authority. The property doesn't need to wait for the entire estate to be settled before it's marketed and sold. Your attorney can confirm exactly what your estate's letters of administration allow.
Does Proposition 19 affect the property taxes on an inherited home?
Generally, yes. Proposition 19 changed how inherited primary residences are reassessed for property tax purposes in California, and there are specific filing deadlines involved. The effect is different for every estate depending on how the property will be used going forward, so this is worth a direct conversation with your CPA or estate attorney rather than a general answer.
What happens with capital gains taxes on an inherited property?
Generally, inherited property receives a stepped-up cost basis to its value at the date of death, which can significantly reduce capital gains exposure compared to the original purchase price. The probate referee's appraisal often plays a role in establishing that basis. Every estate's tax situation is different — confirm the specifics with your CPA before making a decision based on this.
Can one sibling force the sale of an inherited house?
It depends on the estate's structure and stage. In many cases a co-owner can petition for what's called a partition sale, but the details vary significantly based on the specific situation and how title is held. This is a question for your probate attorney, not something to guess at.
Is a vacant inherited house at risk for squatters or break-ins?
Yes, it's a real risk that's easy to overlook while everything else feels urgent. A few concrete steps help: re-key the property immediately, convert to a vacant-home insurance policy before the standard 30 to 60 day vacancy-clause gap hits, keep utilities on but rebilled to the estate, set up USPS mail forwarding, and arrange periodic checks on the property.
The house is full of decades of belongings — do I have to clean it out myself?
No. This is exactly what the Concierge Pay-at-Close Network exists for. A vetted cleanout crew sorts the home using the A-B-C-D method — keepsakes secured first, sellable assets routed to an estate liquidator, donations handled respectfully, and the remainder hauled and the home deep-cleaned — and the cost is billed from escrow at closing, not out of your pocket.
What if my siblings disagree on selling now vs. waiting, or on price?
This is common, and it's exactly what the Data Over Drama approach is built for. Every heir receives the same market analysis, the same net sheet, and the same updates at the same time — and if value itself is disputed, an independent probate appraisal gives everyone a neutral number to anchor to, rather than arguing with each other.
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