California · Probate Code §§10308–10311Buying a California probate home: court confirmation and the overbid
A home sold by an estate in California is sold one of two ways. With court confirmation, the sale is reported to the court and title does not pass until a judge confirms it (Prob. Code §10308). The price must be at least 90% of an appraisal made within a year of the hearing (§10309), and at the hearing anyone may make a higher written offer – at least 10% more on the first $10,000 of the original bid and 5% more on the rest – which the court must generally accept (§10311). On a $500,000 accepted offer the minimum overbid is $525,500. If the personal representative has full authority under the Independent Administration of Estates Act, the court-confirmation rules do not apply (§10503); instead heirs get a notice of proposed action at least 15 days before the sale (§10586), and an objection sends it back to court (§10589).
The two ways an estate sells
Court confirmation
Sale reported to and confirmed by the court before title passes; buyer may petition if the representative doesn't within 30 days (§10308).
90% of appraisal
A private sale is confirmed only at 90% or more of an appraisal within one year of the hearing (§10309).
Overbid at the hearing
Written higher offer of 10% more on the first $10,000 and 5% more on the rest; the court accepts the highest qualifying offer or orders a new sale (§10311).
Example
$500,000 accepted offer → $1,000 + $24,500 = $25,500 more → minimum overbid $525,500.
Independent administration
With full authority the representative sells without confirmation, overbid or the 90% rule (§§10503, 10511).
Notice of proposed action
Delivered at least 15 days before the sale date; a written objection forces court supervision (§§10586, 10589).
What a buyer should ask first
- Is the sale under court confirmation or full independent administration?
- If court confirmation: the hearing date, and whether you will attend to bid again.
- If independent administration: when the 15-day notice period ends.
- How the deposit is handled if you are overbid at the hearing.
What the TC tracks
- The confirmation hearing date or the end of the notice of proposed action period.
- The court order confirming the sale, or proof no objection was filed – before title closes.
- Contract deadlines that run from confirmation rather than acceptance.
Questions buyers ask
How much is the overbid in a California probate sale?
At least 10% more on the first $10,000 of the accepted bid and 5% more on the rest (Prob. Code §10311) – $25,500 more on a $500,000 offer.
Does every California probate sale need court approval?
No. With full authority under the Independent Administration of Estates Act the representative can sell after a 15-day notice of proposed action, without court confirmation (§§10503, 10586).
Can a probate home sell for less than the appraisal?
Under court confirmation a private sale must be at least 90% of an appraisal made within one year of the hearing (§10309).
Related guides
Track the confirmation hearing or the 15-day notice period as a task with an owner and due date in ClosingCode, and set contract deadlines from that date.
Start free trialSource: California Probate Code §§10300, 10308–10311, 10400, 10402, 10503, 10511, 10586 and 10589 (leginfo.legislature.ca.gov, read October 25, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.