Probate and estate home sales
When a homeowner passes away, the home does not automatically belong to anyone. If the property must be transferred to a new owner and there is no living trust or beneficiary designation covering it, the home typically goes through probate: a court-supervised process that legally confirms who inherits and makes the transfer official. For a Marin County home, that process runs through the Marin County Superior Court.
Updated October 30, 2026 · Sales Associate · 01702383 · California
The basics
Probate is the court-supervised process of moving a deceased person's property to the people who inherit it. If your family member left a will, the court checks that the will is valid, names the executor, and gives that person the legal authority to manage the estate. If there is no will, the court appoints an administrator, and California law decides who inherits in a fixed order, starting with the spouse and children.
A Marin County home typically goes through probate when the property is in the deceased person's name alone: there is no surviving joint owner, no living trust holding the title, and no beneficiary designation. In that situation the home cannot simply be transferred by a deed. The court has to establish who now owns the property and authorize the transfer or sale, which is exactly what probate does.
The most important point
Probate only covers property the deceased person owned in their own name. Homes held in joint tenancy, assets in a living trust, and accounts with named beneficiaries usually pass outside probate entirely.
The family home
The home is usually the largest single asset in an estate, and the one families care about most.
The big question
The answer usually comes down to how the home was titled and whether a trust owns it. Here is the honest breakdown.
Probate is usually needed when
No trust, no joint owner, no named beneficiary. The property legally needs a new owner, and in California probate is the standard route to make that official.
California lets smaller estates move through an affidavit instead of a full probate, with dollar limits that are adjusted periodically. An estate above those limits, which includes most Marin County homes, typically goes through probate.
When someone dies without a will, the court must appoint an administrator and decide who inherits under California law. A will that includes real property still needs the court to validate it and give the executor authority.
Probate is usually not needed when
If the home was owned in joint tenancy, it passes automatically to the surviving owner. A certified death certificate and a recorded transfer deed are usually all the paperwork needed. No probate.
When the home is owned by a living trust, it passes to the trust beneficiaries according to the trust document, outside the court process entirely. This is the most common reason a family home never goes through probate.
If the total value fits California's small estate limits, which change over time, heirs can collect the property with an affidavit instead of a full probate. Those limits cover only modest estates, not the typical Marin County home.
Even when probate is not required, paperwork still happens: the survivor needs certified death certificates and often a small estate affidavit or a recorded transfer deed. The small estate limits are adjusted periodically and are keyed to the date of death, so confirm the current numbers with a local attorney before assuming anything.
The process
For a Marin County home, the case is filed with the Marin County Superior Court, the probate court for the county where the homeowner lived. An estate attorney runs the legal side; the executor handles the day-to-day with their guidance.
A family member, or the person named in the will, files a petition with the probate court in the county where the deceased person lived. For a Marin County homeowner, that is the Marin County Superior Court, which schedules a hearing before the estate can move forward.
At the hearing, the judge names the person authorized by the will as executor, or appoints an administrator when there is no will, and issues Letters of authority. That document is the legal permission to manage the estate, including its real estate.
The executor must formally notify heirs, beneficiaries, and creditors. Creditors then have a set legal window, established by California law, to file claims against the estate before they are closed out.
The executor locates every asset: bank accounts, vehicles, investments, and the home. A court-appointed probate referee determines the value of the real estate, which sets the official probate value the court works from.
The mortgage, property taxes, valid creditor claims, and any taxes that apply are paid from estate funds before anyone inherits. The executor keeps careful records for the court throughout.
With everything settled, the executor asks the court to approve how the remaining property is distributed. The judge authorizes the transfer or sale of the home, heirs receive their shares, and the estate closes.
Probate home sales
Yes. The executor can sell the home during probate with court approval, and it is usually done through a traditional listing, marketed much like any other home. A sale commonly happens when the estate needs cash for debts and taxes, or when the heirs would rather divide the proceeds than share the house.
The court-appointed probate referee's appraisal anchors the process. An experienced local agent layers current market data on top, so the estate can see what buyers will realistically pay.
The executor and the agent list the property through the local MLS, hold showings, and field offers exactly as a normal sale would, on a timeline that fits the estate's court schedule.
Once an offer is accepted, the sale goes to a court confirmation hearing. The judge reviews the price and terms to make sure they are fair and in the estate's best interest. In California, other qualified buyers may submit higher bids at that hearing, so confirmation is a real step, not a formality.
When the court confirms the sale, escrow proceeds to closing like any other transaction. The proceeds go to the estate, then to creditors and heirs in the order the court directs.
In California, a probate home sale has to be confirmed by the court. The judge checks that the price and terms are fair and in the estate's best interest, and other qualified buyers may submit higher bids at that hearing. That is one reason an experienced local agent and clear communication with the estate's attorney make a real difference.
The home does not have to be sold. With court approval, it can be transferred directly to the heirs, and a family member can also buy it from the estate. That is often how a family home stays in the family.
Common questions
Plain answers to the questions that come up in nearly every estate conversation. These are general explanations, not legal advice, so always check your family's specific situation with the estate's attorney.
The mortgage stays with the home and the payments keep running. The estate typically continues making them from estate funds while it manages the property, because letting the loan fall behind puts the whole estate at risk. In a sale, the loan is usually paid off from the proceeds at closing. Heirs should never assume the mortgage goes away: it is a bill the estate has to handle from the first payment after death until the property is transferred or sold.
Generally yes, but the arrangement should be set up clearly. The executor controls the property during probate, so anyone staying in the home should have an agreement with the executor and the estate's attorney about the terms: who pays for utilities, insurance, upkeep, and property taxes, and how long the arrangement lasts. The mortgage and taxes need to be paid whether the home is occupied or not, and an occupied home still has to be maintained and insured.
No, and that surprises most people. Property passes outside probate when it is held in joint tenancy with a surviving owner, when it is owned by a living trust, or when it has a named beneficiary. California also lets smaller estates, under limits that are adjusted periodically, move through an affidavit instead of a full court process. Probate applies to assets the deceased person owned in their own name above those limits, which includes most family homes in Marin County.
When a home is owned by a living trust, it passes to the trust beneficiaries according to the trust document, without a court hearing. Avoiding probate is one of the main reasons families create living trusts in the first place. The catch is that the home has to actually be titled in the trust. If it was never transferred in, the trust document does not cover it, and probate may still be needed for that property.
In California, most probates take about a year, and many take longer. The calendar is set by the court's schedule, the legal window for creditors to file claims, the time it takes to inventory and appraise assets, and whether anyone raises an objection. Simple, uncontested estates can move faster while complicated estates or disputes run longer. The executor and the estate's attorney can give a realistic estimate once they can see the whole estate.
No. With court approval, the home can be transferred directly to the heirs, and a family member can also buy it from the estate. A sale usually happens when the estate needs cash for debts, taxes, or to divide the value among several heirs. The court's job is to protect the estate and everyone entitled to it, whether that means a sale or a transfer.
How I can help
An estate-driven sale usually happens at the hardest moment in a family's life: after a parent passes away, or when an executor who has never sold a home suddenly has to manage one. I have spent more than 21 years in real estate with over 100 homes sold across Marin and Sonoma counties, and I know how different these sales feel from a normal one.
My job is to protect the estate's value and to make the process as calm and clear as it can be. I work directly with the executor and the estate's attorney, keep the family informed, and never pressure anyone into a decision. The house may be full of memories; the sale should still be handled with care and with respect for what the family is going through.
If you are an executor, a trustee, or a family member trying to understand what happens to a loved one's home, a conversation costs you nothing. I will walk you through the options plainly, and I am happy to be one voice among your estate attorney, accountant, and other advisors. You can reach me directly at 415-328-2637.
Everything you tell me stays confidential. I work for you and your family, not for the estate or the court, and I am happy to talk before you commit to anything.
Whether you are an executor, a trustee, or a family member, I will give you honest answers about value, timing, and next steps, without pressure and with full respect for what your family is going through.
Prefer to talk now? Call or text (415) 328-2637 or email pjschardt@gmail.com. I answer quickly, day or night.
Probate involves court procedures, legal deadlines, and tax questions. I am a real estate agent, not an attorney or tax advisor, so please also consult the estate's attorney and a tax professional about your specific situation. California DRE 01702383.
