Probate Court Confirmation in California: How the Overbid Hearing Works
Quick Answer
Probate court confirmation is a hearing where a California probate judge approves the sale of a house from an estate before title can pass. It applies when the executor or administrator does not have full authority to sell on their own, or when an heir objects to the sale. The accepted offer has to be at least 90 percent of the probate referee appraisal, and at the hearing other buyers can overbid. The first overbid must beat the accepted offer by at least 10 percent of the first 10,000 dollars plus 5 percent of the rest, so on a 600,000 dollar offer the opening overbid is at least 630,500 dollars. In San Diego, an overbidder must bring certified funds of at least 10 percent of their bid to the hearing. For the family, confirmation adds time and a public bidding step. For a buyer, it means the house is not yours until the judge says so.
Sources: California Probate Code sections 10309, 10311 and 1220; San Diego Superior Court Local Rules, Division IV, rule 4.13.11.
What This Guide Covers
- What probate court confirmation is
- When a probate sale needs court confirmation
- How a court-confirmed sale works, step by step
- The overbid formula, with real numbers
- What San Diego’s probate court requires
- What confirmation means for the family selling
- What it means if you are buying a probate home
- How commissions work in a confirmed sale
- Selling a probate home without court confirmation
- Frequently asked questions
What probate court confirmation is
In a California probate, the house belongs to the estate, and the executor or administrator sells it on the estate’s behalf. Most of the time that person can sell much like any other seller. But in some estates, the Probate Code requires the sale to be reported to the court and confirmed by a judge before title passes (Probate Code 10308). That approval happens at a confirmation hearing.
The hearing does two things. It lets the judge check that the sale meets the legal requirements, including a minimum price. And it opens the sale to overbids, so another buyer can come to court and bid more than the accepted offer. That second part is why people call it a probate auction, and it is what surprises both families and buyers the most.
If you are new to the overall process, start with my guide to selling an inherited house in San Diego, which covers how a house gets into probate in the first place and the routes that avoid it.
When a probate sale needs court confirmation
Whether a sale needs confirmation comes down to the authority the court gave the personal representative and whether anyone objects.
- Limited authority. When the court grants limited authority under the Independent Administration of Estates Act, the personal representative cannot sell real property without court supervision, so the sale goes to a confirmation hearing.
- No independent authority at all. Without authority under the Act, sales are made under court supervision.
- An heir objects. With full authority, the personal representative sends a Notice of Proposed Action instead. If someone files a written objection, the personal representative has to go to court before proceeding (Probate Code 10589). How objections usually play out is covered in when heirs disagree about selling an inherited house.
Which kind of authority applies, and whether to seek full authority, are legal questions for the estate’s probate attorney. What matters for planning the sale is knowing early which path you are on, because it changes the timeline, the buyer pool and how the house is marketed.
How a court-confirmed sale works, step by step
| Step | What happens | The rule |
|---|---|---|
| 1. Appraisal | A probate referee values the house. The accepted offer will be measured against this number. | Appraisal must be within one year of the hearing (10309) |
| 2. Notice of sale | Notice of the proposed sale is published in a local newspaper before the sale date, unless an exception applies. | Probate Code 10300; San Diego local rule 4.13.1 |
| 3. Accepted offer | The house is marketed and an offer is accepted, subject to court confirmation. | At least 90 percent of the appraised value (10309) |
| 4. Petition filed | The attorney files a Report of Sale and Petition for Order Confirming Sale. If the personal representative does not file within 30 days, the buyer can. | Probate Code 10308; Judicial Council form DE-260 |
| 5. Notice of hearing | Interested persons and the buyer get notice of the hearing date. | At least 15 days before the hearing (1220) |
| 6. Hearing and overbids | The judge reviews the sale and asks for overbids. The highest qualifying bid wins. | Minimum overbid under 10311 |
| 7. Order and closing | The judge signs the order confirming the sale, and escrow closes with the winning buyer. | Title passes after confirmation (10308) |
The full probate calendar around these steps, from the first petition to final distribution, is in how long probate takes in California.
The overbid formula, with real numbers
An overbid at the hearing has to clear a minimum set by statute. Under Probate Code 10311, the first overbid must be at least 10 percent more on the first 10,000 dollars of the accepted offer and 5 percent more on everything above that. In practice, that works out like this:
| Accepted offer | 10% of first $10,000 | 5% of the rest | Minimum first overbid |
|---|---|---|---|
| $500,000 | $1,000 | $24,500 | $525,500 |
| $600,000 | $1,000 | $29,500 | $630,500 |
| $750,000 | $1,000 | $37,000 | $788,000 |
| $1,000,000 | $1,000 | $49,500 | $1,050,500 |
That opening jump is about 5 percent of the price, which is a meaningful number in San Diego. Once a qualifying overbid is on the table, the judge can take further bids in the courtroom, in increments the court sets, until no one goes higher. The original buyer can bid too.
The price rules in the Probate Code
For a private sale to be confirmed, the offer has to be at least 90 percent of the appraised value, and the appraisal and its valuation date must fall within one year of the hearing (section 10309). The first overbid must exceed the accepted offer by at least 10 percent of the first 10,000 dollars plus 5 percent of the amount above that (section 10311). Sources: 10309, 10311.
What San Diego’s probate court requires
Probate hearings for San Diego County are held at the Central Division, 1100 Union Street, downtown. The court’s local probate rules add a few details that matter for anyone planning to bid:
- Publication of the notice of sale is required unless a specific exception applies (rule 4.13.1).
- Overbidders bring money. A prospective overbidder should have certified funds or cashier’s checks for a deposit of at least 10 percent of the amount they plan to bid, at the hearing (rule 4.13.11).
- A winning overbid needs a form. When an overbid succeeds, an Increased Bid in Open Court, San Diego form PR-065, has to be completed, signed and filed before the hearing ends (rule 4.13.12).
- Examiner notes come first. A probate examiner reviews the petition, and the notes are posted on the court website before the hearing (rule 4.6.1). Problems that are not cleared can push the hearing to a later date.
Know what the house is worth before the referee does
A value estimate as-is and prepared helps the family set a price that clears the 90 percent floor and still draws strong offers.
What confirmation means for the family selling
Court confirmation is not a bad outcome for an estate. The overbid process can push the price up, and the court’s review protects the personal representative. But it changes how the sale should be run.
- Price against two numbers. The referee appraisal sets the floor, and the market sets everything else. An offer below 90 percent of the appraisal cannot be confirmed.
- Expect a smaller buyer pool. Many buyers with conventional financing will not wait for a hearing date or risk being outbid in a courtroom. That is why so many court-confirmed homes sell to investors.
- Put the process in the listing. Buyers and their agents should know about the hearing, the overbid rules and the deposit requirement before they write an offer, so the ones who stay in are the ones who will show up.
- Use the waiting. Preparation, cleanout and marketing can all happen before the hearing. Through the Lovery Concierge Program, I front the cost of pre-listing preparation in most cases, so the estate is not paying out of pocket before it has sale proceeds.
- Get the title work started early. Old names and records on a decedent’s title take time to clear; the Statement of Information in a probate sale explains what title needs from the family.
What it means if you are buying a probate home
Buying through a confirmation sale is very different from a normal purchase, and the biggest difference is that your accepted offer is not the end of the competition.
- You can be outbid in court. If you want a chance to keep the house when an overbid comes in, you or your representative need to be at the hearing, ready to raise your bid.
- Your money has to be ready. Financing, appraisal and deposit should be lined up well before the hearing date, and an overbidder in San Diego needs certified funds of at least 10 percent of their bid.
- Expect fewer disclosures. Sales ordered by a probate court are exempt from California’s standard Transfer Disclosure Statement (Civil Code 1102.2), and an estate selling a house it never lived in may know little about its condition. Inspect accordingly.
- Plan for the calendar. Between the petition, at least 15 days of notice and the court’s schedule, a confirmed sale takes longer than a standard escrow.
How commissions work in a confirmed sale
The Probate Code ties broker compensation in an estate sale to the sale actually being confirmed and closed (section 10160). When an overbid wins, the code also governs how the commission is handled between the brokers involved, including a limit tied to the size of the overbid in certain situations (section 10162). The estate’s attorney handles these details in the petition, but it is worth asking about at the start so nobody is surprised at the hearing.
Selling a probate home without court confirmation
With full authority under the Independent Administration of Estates Act, the personal representative can usually sell without a confirmation hearing. Heirs receive a Notice of Proposed Action at least 15 days before the sale, and if no one objects, the sale closes like any other escrow. That is how the estate behind my recent Logan Heights sale closed: authority was granted in 2025, the house drew six offers its first weekend, and it closed about five weeks after listing, with no hearing and no overbid. The full story is in my guide to selling an inherited house in San Diego.
What I give families before the sale
Clarity. Before a family has authority to sell, my job is to help them understand what needs to happen and in what order, so that when the authority comes, whether the sale needs a hearing or not, they are ready to go. While we wait, I help manage the property: the mortgage stays current, the utilities stay on, any renter is handled, and repairs get scheduled. When the time comes, the house is ready to sell for maximum dollars. The full list of what I handle for estates is on my probate real estate agent in San Diego page.
Frequently Asked Questions
What is probate court confirmation?
It is a hearing where a California probate judge reviews and approves the sale of a house from an estate before title can pass. At the hearing the judge checks the legal requirements, including a minimum price, and other buyers can make overbids.
When does a probate sale need court confirmation?
When the personal representative has limited authority or no independent authority under the Independent Administration of Estates Act, or when someone objects to a Notice of Proposed Action on a sale made under full authority. The probate attorney can confirm which applies.
What is a probate sale?
A probate sale is the sale of a house owned by someone who has died, made by the executor or administrator under the supervision of the probate court. Depending on the authority granted, it may close like a normal sale or require a court confirmation hearing.
How is the minimum overbid calculated in California?
Under Probate Code section 10311, the first overbid must be at least 10 percent more on the first 10,000 dollars of the accepted offer plus 5 percent more on the rest. On a 600,000 dollar accepted offer, that is 1,000 plus 29,500, so at least 630,500 dollars.
What is the minimum price for a court-confirmed probate sale?
The offer must be at least 90 percent of the probate referee appraised value, and the appraisal must be within one year of the confirmation hearing, under Probate Code section 10309.
How much deposit does an overbidder need in San Diego?
San Diego Superior Court local rule 4.13.11 says a prospective overbidder should bring certified funds or cashier checks for a deposit of at least 10 percent of the amount they will bid to the confirmation hearing.
Do I have to attend the confirmation hearing if I am the buyer?
If you want a chance to respond to an overbid, yes. Bidding happens in the courtroom, so a buyer who is not present or represented at the hearing cannot raise their offer and can lose the house to a higher bid.
Are probate homes sold as-is?
Usually, and sales ordered by a probate court are exempt from the standard California Transfer Disclosure Statement under Civil Code section 1102.2. An estate may know little about the condition of the home, so buyers should inspect carefully.
How long does a court-confirmed probate sale take?
Longer than a standard escrow. After an offer is accepted, the petition has to be filed, notice given at least 15 days before the hearing, and the court calendar followed. Problems in the examiner notes can push the hearing to a later date.
Can a probate sale close without court confirmation?
Often, yes. With full authority under the Independent Administration of Estates Act, the personal representative gives heirs a Notice of Proposed Action at least 15 days before the sale, and if no one objects, the sale closes without a hearing.
What happens if an heir objects to the sale?
Under Probate Code section 10589, if someone files a written objection to a Notice of Proposed Action, the personal representative must go to court before proceeding, either through the court supervised sale process or by asking the court for instructions.
Can the court refuse to confirm a probate sale?
Yes. If the sale does not meet the requirements, such as an offer below 90 percent of an appraisal within the last year, the court can decline to confirm it. A higher qualifying overbid at the hearing can also replace the original buyer.
Ryan Fisher
Realtor · Founder, Lovery Real Estate
I’m a San Diego Realtor and the founder of Lovery Real Estate, with $56M+ in career sales. I work with sellers across Chula Vista, Bonita, North Park, University Heights, Normal Heights and La Jolla Mesa, and throughout San Diego County, and through the Lovery Concierge Program I front the cost of pre-listing preparation in most cases. A lot of that work is inherited property, probate and trust sales, often with families coordinating from out of state. I am not an attorney, and I make sure the right attorney and CPA are part of the plan from the start.
I was licensed in 2020, founded Lovery Real Estate in 2025, and live in Hilltop in West Chula Vista. Before real estate I was drafted by the Miami Marlins in 2010 out of UC Irvine. I grew up around Fisher Bros. House Moving, the fifth-generation California house-moving business my family ran from the 1850s, and worked in it myself before real estate.
Here are your options, here are the numbers, here is what I would do. No pressure. No sales pitch. Just results.
Know which path your sale is on before you list
If you are handling an estate in San Diego County, I can walk you through whether your sale is headed for confirmation, what the hearing changes, and how to have the house ready either way. No obligation to list anything.
Ryan Fisher, Realtor. California DRE #02110091. Lovery Real Estate is a brand of Ryan Fisher, licensed under LPT Realty. 323 Minot Ave, Chula Vista, CA 91910. This article is general information and is not legal, tax, or lending advice. Consult appropriate professionals of your own choosing.