Who may sign for the estate?
Often, an inherited California house can be sold before probate is finished. For a sale through the estate, only the court-appointed personal representative—the executor or administrator—can sign for the estate. A surviving spouse or heir may qualify for a separate simplified court procedure.
With full authority under the Independent Administration of Estates Act, the representative can sell without a court confirmation hearing by giving the heirs and beneficiaries a Notice of Proposed Action at least 15 days before acting. If someone objects, the sale goes through court supervision. See the rules for sale with full authority, the 15-day notice, and the effect of an objection.
With limited authority, a real-property sale needs court supervision. The court confirms the sale at a hearing where others may overbid; a private sale generally must bring at least 90% of a recent appraisal. See the rules on actions needing court supervision, the 90% appraisal rule, and Judicial Council Form DE-260 for sale confirmation.
A surviving spouse or heir may be able to use a simpler process, such as a spousal property petition or, for deaths on or after April 1, 2025, a primary-residence petition for a qualifying home up to $750,000. Read the California Courts guide to simpler probate transfers and have the actual estate and property reviewed.
We help coordinate the sale, but we do not provide legal advice. The title company or a qualified attorney can confirm who has authority to sign for the estate.
Documentary transfer tax
California counties charge documentary transfer tax of $0.55 for each $500 of value, or fraction of $500—$1.10 per $1,000. It applies when the consideration is over $100, not counting a lien or loan that stays on the property. A city may take half of the county rate as its share, credited against the county tax, and some cities add a larger tax. See California’s county transfer-tax rule and the city tax-credit rule. The City of Sacramento also publishes local real-property transfer-tax information; escrow can confirm the property’s city, taxable amount, and applicable tax.
When you sell to us, we pay the closing costs, including the county documentary transfer tax and any city transfer tax.
Mortgage balances, liens, back taxes, and the seller’s share of current property taxes are separate from that closing-cost promise. Recorded loans and liens must be paid or released through closing; escrow and the title company can confirm the amounts in the property’s records.