Court confirmation sales, explained step by step
If your Letters grant limited authority, here is exactly how the sale, the hearing, and the overbid work in Orange County.
Short answer: you accept an offer, your attorney asks the court to confirm it, and at the hearing anyone can outbid the buyer. The house sells to whoever bids highest that day. It adds roughly two months to the sale.
The sequence
- Appraisal. The probate referee appraises the house as of the date of death. Your accepted offer must be at least 90% of that figure (or of a reappraisal if the market has moved).
- Listing and offer. The house is marketed normally, with the listing disclosing that the sale is subject to court confirmation. You accept the best offer; the buyer usually puts 10% down into escrow.
- Petition and notice. Your attorney files a Report of Sale and Petition for Order Confirming Sale. Notice goes to heirs and the hearing is published.
- The hearing. At the Costa Mesa Justice Center, the judge confirms the sale unless someone overbids. The minimum first overbid is the accepted price plus 10% of the first $10,000 plus 5% of the rest. Overbidders must have a cashier's check for their deposit that day.
- Confirmation and close. The court signs the order. Escrow closes, usually within 15 to 30 days.
What that looks like in dollars
Accepted offer: $900,000. Minimum overbid: $900,000 + $1,000 + 5% of $890,000 ($44,500) = $945,500. If someone bids that, your original buyer can raise, and bidding continues in increments the judge sets.
What it means for you
- You cannot promise the buyer the house. Explain that up front so nobody is surprised.
- Investors sometimes show up at hearings hoping for a bargain. A well-marketed listing with a strong accepted price makes overbidding unattractive.
- The buyer's deposit is at risk if they back out after confirmation, which is why serious buyers stay.
I have handled confirmation sales and can walk you through the hearing itself, including what the judge will ask and what to bring.
Next guide: Step-up in basis: why the sale date and appraisal matter
Have a question about your own situation? Email me a photo of your Letters and the property address, and I will tell you what your authority means and what the house is likely worth. It costs nothing and there is no obligation.