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Probate sales · CA, TX, FLBuying a probate home: when a court has to approve the sale

Whether a judge must approve an estate's home sale depends on the state and on what the will and the court order allow. California: a sale needs court confirmation – with the 90% appraisal rule and an open overbid at the hearing – unless the personal representative has full authority under the Independent Administration of Estates Act, which uses a 15-day notice of proposed action instead (Prob. Code §§10308–10311, 10503, 10586). Texas: in a supervised administration estate property may not be sold without a court order, and the contract is reported within 30 days for approval; but no order is needed if the will authorizes the sale, and an independent executor sells without court approval (Est. Code §§356.001, 356.002, 356.551, 356.556, 402.052). Florida: without a power of sale in the will, title does not pass until the court authorizes or confirms the sale; with a will's power of sale the personal representative sells without court action (Fla. Stat. §733.613).

Court approval, state by state

  1. California – confirmation

    Court confirms before title passes; 90% of a recent appraisal; overbid of 10% on the first $10,000 + 5% of the rest (Prob. §§10308–10311).

  2. California – independent

    Full authority: no confirmation; notice of proposed action at least 15 days before (§§10503, 10586).

  3. Texas – supervised

    Court order to sell; contract reported within 30 days; court approves or orders a new sale (Est. §§356.001, 356.551, 356.556).

  4. Texas – will or independent

    Will authorizes sale: no court order (§356.002). Independent executor: same power of sale without court approval; buyers need not inquire into the power (§§402.052, 402.053).

  5. Florida – no power of sale

    Title does not pass until the court authorizes or confirms the sale (§733.613(1)).

  6. Florida – power of sale

    Will confers power to sell: no court authorization or confirmation; buyer takes free of estate creditors' claims (§733.613(2)–(3)).

What to ask the estate's agent first

  • Who signs: the executor, administrator or personal representative – and the letters showing authority.
  • Whether a court order, confirmation hearing or notice period is required, and when.
  • In California, whether an overbid at a hearing is possible.
  • Whether contract deadlines run from acceptance or from court approval.

What the TC and title company need

  • Letters testamentary or of administration, current and certified.
  • The court order or confirmation, or the will's power of sale – for the title company.
  • Dates of the hearing, the report or the notice period as tasks on the deal.

Questions buyers ask

Does a probate house sale need court approval?

Sometimes. California needs confirmation unless the representative has full independent authority; Texas needs an order in supervised administrations; Florida needs one unless the will gives a power of sale.

How long does a probate home sale take in Texas?

With an independent executor it can close like a normal sale; in a supervised administration the contract is reported within 30 days and waits for the court's approval order.

Can I be outbid on a probate house?

In a California court-confirmed sale, yes – at the hearing, by 10% of the first $10,000 plus 5% of the rest (Prob. Code §10311).

Related guides

Put the court date, report deadline or notice period on the deal as tasks with an owner and due date in ClosingCode, with the letters and orders attached.

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Sources: Cal. Prob. Code §§10308–10311, 10503, 10586; Tex. Est. Code §§356.001, 356.002, 356.551, 356.556, 402.052, 402.053; Fla. Stat. §733.613 (official statute sites, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.