Who Has the Authority to Sell?
This page explains who has the legal authority to sell probate real estate in California, when that authority begins, and what limitations may apply.
In many probate disputes, the conflict is not about the house.
It is about control.
It is about control.
Before a property can be listed, marketed, or sold, the authority must be clear.
Without authority, there is no transaction.
When Does Authority Begin
Authority begins only after the court issues:
• Letters Testamentary, if there is a Will.
• Letters of Administration, if there is no Will.
• Letters of Administration, if there is no Will.
Until the court issues Letters, no one has legal authority to sign a listing agreement, accept an offer, or enter into a binding contract on behalf of the estate.
Intent is not authority.
Family agreement is not authority.
A court appointment is an authority.
Family agreement is not authority.
A court appointment is an authority.
Does the Property Need to Be Transferred Into the Personal Representative’s Name
In most California probate cases, the property does not need to be transferred into the Personal Representative’s personal name before it can be sold.
The title often remains in the decedent’s name during probate.
The Personal Representative signs on behalf of the estate once appointed.
Escrow and title coordinate the proper vesting at closing.
The probate attorney confirms required filings.
What Is Full Authority vs Limited Authority
California probate sales may proceed under:
• Full Authority under the Independent Administration of Estates Act.
• Limited Authority requiring court confirmation.
• Limited Authority requiring court confirmation.
With Full Authority:
• The Personal Representative may accept an offer without court confirmation.
• Notice procedures still apply.
• The Personal Representative may accept an offer without court confirmation.
• Notice procedures still apply.
With Limited Authority:
• Court confirmation is required.
• The property may be subject to an overbid in court.
• Timelines are longer.
• Court confirmation is required.
• The property may be subject to an overbid in court.
• Timelines are longer.
Understanding the level of authority affects pricing strategy, negotiation, and the buyer pool.
What If Multiple Heirs Disagree
The court-appointed Personal Representative has legal authority to act, even if beneficiaries disagree.
However, fiduciary duty applies.
The Personal Representative must act in the best interest of the estate, not personal preference.
Disputes often arise when:
• One heir wants to keep the property.
• Another wants to sell immediately.
• Repairs are disputed.
• Compensation is misunderstood.
• Another wants to sell immediately.
• Repairs are disputed.
• Compensation is misunderstood.
Authority does not eliminate conflict.
It establishes structure.
It establishes structure.
Can an Out-of-State Personal Representative Sell Property in California
Yes.
The Personal Representative may reside outside California, subject to court approval.
Documents can be signed remotely.
Escrow and title coordinate required notarization and compliance procedures.
Geography does not prevent authority.
Court appointment controls.
What Happens If Someone Acts Without Authority
Common mistakes include:
• Promising to sell before appointment.
• Signing listing agreements prematurely.
• Distributing sale proceeds early.
• Allowing informal family agreements to replace court structure.
• Signing listing agreements prematurely.
• Distributing sale proceeds early.
• Allowing informal family agreements to replace court structure.
Acting without authority can create:
• Void contracts.
• Title complications.
• Court objections.
• Personal liability exposure.
• Title complications.
• Court objections.
• Personal liability exposure.
Structure protects everyone.
Practical Perspective
In probate real estate, the first question is not: What is the house worth?
The first question is: Who has the authority to act?
Once authority is clear, everything else becomes procedural.
Without authority, everything becomes conflict.
If you are uncertain about who can sign, what level of authority applies, or whether court confirmation will be required, a structured conversation can clarify your position before action is taken.