California Probate Guide

Limited Authority Probate

When a probate case has limited authority, all real estate sales must be confirmed by the court—adding additional steps, timelines, and the possibility of overbid auctions.

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What is Limited Authority in California Probate?

In limited authority cases, the same documents are issued—the Order for Probate and the Letters. However, the personal representative does not have independent authority to sell real property without court approval.

The Key Difference

The sale price must be at least 90% of the probate referee's appraised value. It cannot be lower. The court must confirm every sale at a public hearing where other buyers can submit overbids.

Court Confirmation Required

Every real estate sale must be approved by a judge at a confirmation hearing. This adds 60-90 days to your timeline.

90% Minimum Price Rule

You cannot accept an offer below 90% of the probate referee's current appraisal (Probate Code §10309).

10% Deposit Required

Buyers must put down 10% earnest money—significantly higher than the 3% typically required for full authority sales.

Subject to Overbid

At the court hearing, other buyers can submit higher bids and potentially outbid your original buyer.

The Two Appraisals You'll Need

In limited authority cases, the probate referee provides two separate valuations to the court.

Understanding Probate Referee Appraisals

Final Inventory & Appraisal

This provides the property value as of the date of death. It's used for estate accounting purposes.

Filed early in the probate process

Reappraisal for Sale

This provides the current market value for the purpose of the sale. This is the appraisal that establishes your 90% minimum.

Must be done within 1 year of the sale

Example: Why Two Appraisals?

If the probate case is filed in 2024 but the decedent passed away in June 2022, the Final Inventory & Appraisal will show the property value as of June 2022. The Reappraisal for Sale will show today's current market value—which could be significantly different.

The court needs the current reappraisal before you can appear for confirmation of sale. This ensures the 90% minimum is based on today's market value, not a dated appraisal.

The Limited Authority Sales Process

Selling real property with limited authority involves several required steps before you can close.

Order for Probate & Letters Issued

The court issues the Order for Probate and Letters (Testamentary or of Administration), officially appointing the personal representative—but with limited authority.

Probate Referee Completes Reappraisal

The court-appointed probate referee appraises the property and completes the "Inventory & Appraisal" form. This establishes the value that determines your 90% minimum acceptable offer.

Notice of Sale Published

A "Notice of Sale of Real Property" must be published in a local newspaper at least 3 times over a period of no less than 10 days before the sale, with the third publication at least a week after the first.

Probate Code §10300(a)

Accept Offer & Execute Purchase Agreement

Once newspaper publication is complete, you can execute the Probate Purchase Agreement. The buyer must provide a 10% deposit and clear all contingencies except court confirmation.

Petition for Court Confirmation Filed

The probate attorney prepares and files the "Report of Sale and Petition for Order Confirming Sale of Real Property."

Court Confirmation Hearing

At the hearing, the judge reviews the sale. Other buyers may submit overbids—if so, an auction takes place in the courtroom. The judge confirms the sale to the highest bidder.

Close Escrow

Once the court confirms the sale, escrow can close and the property transfers to the buyer (original or overbidder).

Newspaper Publication Requirements

Published in a local newspaper in the county where the property is located
At least 3 publications over no less than 10 days
Third publication must be at least 1 week after the first
Purpose: Notify potential buyers that the property will be open to auction in court

Probate Code §10300(a)

What's in the Report of Sale & Petition?

Sale price

Property address

Real estate commission amount

Probate referee valuations

Deposit amount (10%)

Starting overbid amount & formula

Limited Authority at a Glance

90%

Minimum of Appraised Value

10%

Buyer Deposit Required

60-90

Days Added to Timeline

Does Your Case Have Full Authority Instead?

If the estate was granted IAEA (Independent Administration of Estates Act) authority, you may be able to avoid court confirmation entirely—saving significant time and simplifying the process.

Learn About Full Authority Probate →

Navigating a Limited Authority Probate Sale?

Court-confirmed sales require specialized expertise. I've guided dozens of families through the confirmation hearing and overbid process.

Schedule a Consultation Call (323) 377-4961

This information is provided for educational purposes only and does not constitute legal advice. Probate procedures may vary by county and individual circumstances. Always consult with a qualified probate attorney for guidance specific to your situation. Information current as of January 2026.

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