Sell a House in Probate
When someone dies owning property with no trust in place, it generally has to go through probate before anyone can sell it. Formal probate typically runs 12 to 18 months, but a lot of families qualify for a faster path without realizing it, and we can often move before probate fully closes.
Quick Facts
- •Formal probate in California typically runs 12 to 18 months from filing to close.
- •A decedent's primary residence valued up to $750,000 may qualify for a simplified court petition instead of full probate.
- •Personal property estates in the low $200,000s can often use a small estate affidavit instead of formal probate.
- •An heir with a right to a share of an estate can assign that interest for cash before probate fully closes.
- •We buy probate properties as-is, including homes still full of belongings, no cleanout required.
More Detail
California has simplified procedures for smaller estates. A Petition to Determine Succession to Primary Residence (Probate Code §§13150-13157) lets a decedent's primary residence, valued up to $750,000, transfer through a shortened court petition instead of full probate. There's also a small estate affidavit for personal property, and a simplified process for other real property valued at roughly $69,625 or less.
If you're an heir with a right to a share of an estate that hasn't closed yet, you can assign that interest to us for a cash payment now instead of waiting out the process. California courts (Probate Code §11604) actively review these assignments to make sure the consideration is fair, and we do them by the book, in writing, reviewed by counsel.
We don't wing the legal side. On paperwork and filings, we work with a paralegal and an attorney to make sure assignments and deed transfers happen correctly and in order. You're always welcome to have your own independent counsel review anything before you sign.
How It Works
Tell us about the property: is there a will, has a personal representative been appointed, are there other heirs.
We walk through your specific situation, whether you likely qualify for a small estate procedure or an assignment of interest.
We coordinate whatever paperwork the specific path requires: small estate petition, assignment agreement, or standard purchase contract.
We open escrow with a local Tulare County title company once the legal path is clear, and you get paid.
Frequently Asked Questions
- Do I need my own attorney if I sell to House Junkies during probate?
- You're not required to, but we recommend it, especially for an assignment of interest. It's your inheritance, and a fair, independent second opinion is worth having.
- Can you buy the house before probate is finished?
- Sometimes, through an assignment of interest if you're an heir with a right to a share. Whether that fits depends on where the estate is in the process.
- Does the house need to be cleaned out or repaired first?
- No. We buy as-is, including probate properties still full of belongings. Take what you want, leave the rest.
This is general information based on current California probate law, not legal advice. Thresholds and procedures change, and every estate is different - talk to a licensed probate attorney about your specific situation.
House Junkies is vertically integrated: we buy, renovate with our own licensed crew (CA LIC#1077593), and can resell through our own brokerage (DRE #02165291), so there's no middleman shopping your deal to a stranger.