Can we sell before probate is finished?

Yes. Once the court appoints the executor, the home can be listed and sold. Probate often continues after closing.

Should we rent it out instead?

Sometimes. It depends on the property-tax reset, the heirs' plans and whether they agree to be landlords together. We'll run the numbers both ways.

Do we have to fix it before selling?

Rarely. Address safety and water issues, clean it out, and present it well. Buyers of estate homes expect to renovate.

Selling guide

Selling an inherited or trust-owned home

An estate sale goes smoothly when the agent understands the legal process, the tax picture and the family as well as the house.

Many of the Westside's best homes have been owned by the same family for 40 or 50 years. They are often sold by an executor, a trustee or a group of heirs, sometimes living in different states. The house may need work, the family may not agree, and there may be a court deadline. Mistakes cost real money. Diana Braun is a Certified Probate Real Estate Specialist.

Updated November 6, 2026 · Diana Braun, Broker-Associate, Compass · DRE# 01362342

What it takes

Knowing the pathA trust sale needs no court. With probate, the executor's authority decides the process. Full authority lets the executor sell after giving heirs 15 days' notice. Limited authority means a judge must confirm the sale.

Selling through the courtAt a confirmation hearing, anyone can outbid the accepted buyer. The first overbid must be 10% of the first $10,000 plus 5% of the rest. With the right marketing, that hearing can raise the price.

Tax timingHeirs usually get a step-up in basis, so the home's cost resets to its value at death, and selling soon after often means little capital gains tax. Under Prop 19, most heirs no longer keep their parents' low property-tax base unless they move in. That often decides whether to keep, rent or sell.

Preparation without large up-front costsClean-out, estate sales, repairs and vendors. Many can be paid from the sale proceeds at closing.

Clear communicationEvery heir gets the same written updates on offers, costs and timing. This prevents most disputes.

RecentAll sales →

727 Amoroso Place, VeniceEstate sale, our listing. Sold 2026 for $1,850,000.

Questions

Can we sell before probate is finished?: Yes. Once the court appoints the executor, the home can be listed and sold. Probate often continues after closing.
Should we rent it out instead?: Sometimes. It depends on the property-tax reset, the heirs' plans and whether they agree to be landlords together. We'll run the numbers both ways.
Do we have to fix it before selling?: Rarely. Address safety and water issues, clean it out, and present it well. Buyers of estate homes expect to renovate.

This is general information, not legal or tax advice. Please consult your attorney and CPA.

Executors, trustees, estate attorneys and CPAs: call me directly at 310-866-5039. I'm glad to look at a property with you before any decision is made.