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Buying a Probate or Trust Sale Home in the Tri-Valley

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Buying a Probate or Trust Sale Home in the Tri-Valley

Buying a probate home in California follows one of two tracks, and the estate’s court papers tell you which. If the executor holds full authority under the Independent Administration of Estates Act, they can sell after giving affected heirs and beneficiaries at least 15 days’ notice, with no court hearing unless someone objects. If not, the court has to confirm the sale before title passes, and other buyers can outbid you there. A trustee can sell a trust home without court authorization, within any limits in the trust document. Rules checked against California statutes, court forms and the Alameda and Contra Costa County local court rules on October 8, 2026.

Key Takeaways
– The executor’s court-issued letters note whether their authority includes the power to sell real property.
– In a court-confirmed sale, the first overbid must be at least 10% more on the first $10,000 of the bid and 5% more on the rest: $1,050,500 on a $1,000,000 bid.
– Alameda requires a deposit of at least 10% of the bid; Contra Costa requires 10% of the price, or less when committed loan proceeds exceed 90%.
– Probate court sales and estate or trust fiduciary sales are exempt from the Transfer Disclosure Statement and Natural Hazard Disclosure statement, with a revocable-trust exception.

What makes a probate sale different from a regular sale?

The court does. Under Probate Code section 10308, all sales of estate real property must be reported to and confirmed by the court before title passes, even when the will directs the sale. The exception is a sale under independent administration authority (section 10503), and it changes most of what a buyer deals with.

Full authority sale Court-confirmed sale
Advance notice Notice of Proposed Action, at least 15 days ahead (10586) Published notice of sale, unless the will directs or authorizes the sale (10300, 10303)
Court hearing None, unless someone objects or gets a restraining order (10589) Required before title passes (10308)
Price floor None (10503) In a private sale, at least 90% of an appraisal made within one year before the hearing (10309)
Overbids No hearing for higher bids (form DE-165) Allowed at the hearing (10311)

New to buying here? Start with our first-time home buyer’s guide to the Tri-Valley.

How can you tell whether the executor has full or limited authority?

Check the letters, the court document appointing the executor or administrator (the code calls either one a “personal representative”). Probate Code section 8405 requires the letters to note whether that person may act under the Independent Administration of Estates Act and whether the authority includes or excludes the power to sell real property. Limited authority leaves that power out (section 10403), so selling requires court supervision (section 10501).

What happens in a full-authority sale?

The representative gives notice instead of going to court. Full authority includes the power to sell real property (section 10511), usable only once the notice of proposed action procedure is satisfied (section 10510). The notice goes to each known heir and beneficiary whose interest would be affected, and to anyone who requested special notice (section 10581). For a sale, the notice states the material terms, including the price and any broker commission (section 10585). It’s delivered at least 15 days before the date it names (section 10586).

Can the sale still end up in court? Yes. Anyone entitled to notice can deliver a written objection (section 10587) or get a restraining order, granted without cause being shown (section 10588). A representative who still wants to sell must then go through court supervision (section 10589).

How does a court-confirmed sale work?

The Probate Code sets the steps, and the judge has the last word on price.

  1. Notice of sale. Unless an exception applies, notice is published in a newspaper in the property’s county for at least 10 days (section 10300; Government Code 6063a).
  2. Written offers. In a private sale, offers must be in writing, and the sale can’t happen before the date in the notice or more than one year after it (section 10306).
  3. Price check. In a private sale, the price must be at least 90% of an appraisal made within one year before the hearing (section 10309).
  4. Report to court. The representative files form DE-260, which reports your bid and deposit and works out the minimum overbid. If they don’t file within 30 days of the sale, the buyer may (section 10308).
  5. Hearing notice. Notice is delivered, and posted at the courthouse, at least 15 days before the hearing (section 1220; section 1230).
  6. Hearing. The court examines efforts to get “the highest and best price for the property reasonably attainable,” and interested persons may object in writing (section 10310).
  7. Deed. The representative signs a deed referring to the confirmation order, and a certified copy of the order is recorded (section 10314).

How do overbids work at the confirmation hearing?

Another buyer can take the home by beating the returned bid by a set margin. Under section 10311, the first overbid must be at least 10% more on the first $10,000 of the original bid and 5% more on the amount above $10,000. On a $1,000,000 bid, that’s $1,000 plus $49,500, so the first overbid has to reach $1,050,500.

The court must accept a written overbid made at the hearing if it meets that amount, comes from a responsible person and complies with the law. With several, it takes the highest (section 10311). It may also decline them and order a new sale, run as if no earlier sale took place (section 10313).

Since the price can climb in the courtroom, set your ceiling before the hearing; our guide to how much house you can afford in the Tri-Valley can help.

What do the Alameda and Contra Costa courts require?

Local court rules differ by county. Livermore, Pleasanton and Dublin are in Alameda County; San Ramon and Danville are in Contra Costa County. Confirm which court is handling the estate’s case.

Rule Alameda County Superior Court Contra Costa County Superior Court
Probate courthouse Berkeley Courthouse Wakefield Taylor Courthouse, Martinez
Deposit with a bid At least 10% of the amount bid (7.310) At least 10% of the price at the hearing; if committed loan proceeds exceed 90%, the difference between loan and price (7.251(a))
Overbidder’s funds Cash, money order or certified check for 10% of the minimum overbid, at the hearing (7.310) Not specified in 7.251
Bidders at the hearing Potential bidders and their representatives must appear (7.340) No equivalent local rule
Appraisal age A reappraisal must be filed if the hearing is more than one year after the date of death (7.300) No local rule; the statute’s one-year window applies

Alameda’s rule 7.320 deducts extraordinary costs the estate pays because of the sale, such as termite and other repairs, from the gross bid before testing the 90% floor and setting the overbid base. Contra Costa’s rule 7.251(d) has the court weigh the estate’s best interest, not just which bid is arithmetically highest.

How is a trust sale different?

A trustee can sell without court authorization, within the limits the trust document sets. Probate Code section 16200 gives a trustee the trust instrument’s powers and, unless the instrument limits them, statutory powers, “without the need to obtain court authorization.” Those include selling at public or private sale (section 16226). If you’re buying from a trust, ask the trustee or the trustee’s attorney whether any court proceeding is involved, and what limits the trust document puts on the sale terms.

Which disclosures apply to a probate or trust sale?

California exempts court-ordered probate sales, and sales by a fiduciary administering a trust or a decedent’s estate, from the Transfer Disclosure Statement (Civil Code 1102.2) and the Natural Hazard Disclosure statement (Civil Code 1103.1).

Both fiduciary exemptions carve out a natural-person trustee of a revocable trust. Section 1102.2’s exemption doesn’t apply if that trustee “is a former owner of the property or was an occupant in possession of the property within the preceding year.” Section 1103.1’s doesn’t apply if “the seller is a former owner of the property or an occupant in possession of the property within the preceding year.”

Exempt sales “may be subject to” other disclosure laws, section 1103.1(b) says, covering flood, dam inundation, very high fire hazard, earthquake fault, seismic hazard and wildland fire zones. Each requires disclosure when the seller or their agent actually knows the home is in the zone, or official map notice has been posted (Government Code 8589.3, 8589.4 and 51183.5; Public Resources Code 2621.9, 2694 and 4136).

Agents keep their duties too. Civil Code 2079 requires a listing or cooperating broker on a one-to-four unit home to make a reasonably competent and diligent visual inspection and disclose the material facts it would reveal. The section’s text contains no probate or trust exemption. Ask an attorney of your own and your agent how these rules apply to a given sale.

Can you inspect the home before the sale is confirmed?

Yes, and a statewide court rule backs that up. Under Rule of Court 7.451, if the fiduciary denied a bona fide prospective buyer or their broker a reasonable chance to inspect, the court must continue the sale to allow inspection rather than confirm it, unless good cause is shown.

If a listing says the home sells as-is, line up your own inspections and repair budget before you bid. Our guide to buying a fixer-upper in the Tri-Valley covers budgeting and renovation loans. Our team helps clients find homes with potential and transform them through Mony’s in-house renovation-vendor team.

The Mony Nop Real Estate Team, Compass, 925.575.1602, works across Livermore, Pleasanton, Dublin, San Ramon and Danville, with 400+ clients served. If you’re weighing an offer on a probate or trust home, get in touch with our team.

Frequently Asked Questions

How long does it take to buy a probate home?

It depends on the track and where the estate’s case stands. The courts’ self-help guide says a formal probate case typically takes 9 to 18 months and can take longer, but that’s the whole estate, not your sale. Within the sale, a notice of proposed action or a confirmation hearing notice goes out at least 15 days ahead.

Do I have to attend the confirmation hearing?

In Alameda County, local rule 7.340 says potential bidders and their representatives must appear when the confirmation petition is heard. Contra Costa’s local rules have no equivalent, so ask the estate’s attorney. Statewide, Rule of Court 7.452 bars the hearing from going ahead unless the petitioner’s attorney, or an unrepresented petitioner, is present.

Can the court turn down the highest bid?

Yes. Under Probate Code section 10311(c), the court may, in its discretion, decline a qualifying overbid and order a new sale. Section 10313 also conditions confirmation on a sale legally made and fairly conducted, at a price not disproportionate to the property’s value.

About the author

Mony Nop has held a California real estate license since 2007 (DRE# 01813021) and spent 17 years with the Livermore Police Department. The two careers overlapped: he started in real estate part time while still an officer, then moved to real estate full time. He leads the Mony Nop Real Estate Team at Compass.

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