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Can I sell an inherited house in Folsom during probate?

By Scott Kirk, Broker/Owner · Updated November 3, 2026

Short answer

Often, yes. It depends on the authority the court gave the executor. With full authority, the house can usually be sold after giving the heirs at least 15 days written notice. With limited authority, or if an heir objects, the sale goes to the court for confirmation. Then the price has to be at least 90 percent of the appraisal, and other buyers can outbid yours at the hearing.

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AI-generated illustration.

Full authority or limited authority?

The court's letters say which one the executor has, under the Independent Administration of Estates Act.

Full authority Usually sells without a hearing After a Notice of Proposed Action goes to the heirs at least 15 days ahead.
Limited authority Needs court confirmation Limited authority leaves out the power to sell real property.

Sources: Probate Code 10403; Probate Code 10586.

Who appraises the house in probate?

In a California probate, the house is usually appraised by the probate referee the court designates, not an appraiser you pick. That appraisal matters, because a court confirmed sale has to come in at 90 percent of it or more. I price with that floor in mind from day one.

Sources: Probate Code 8902; Probate Code 10309.

What happens at a court confirmation?

Two rules shape the price.

90% The price floor A private sale offer has to be at least 90 percent of an appraisal made within a year of the hearing.
$683,000 The first overbid on a $650,000 offer At least 10 percent more on the first $10,000 and 5 percent more on the rest: $1,000 plus $32,000.

Sources: Probate Code 10309; Probate Code 10311.

How does that change the way the house is marketed?

A confirmation sale takes longer, and some buyers won't wait. I tell buyers up front how the hearing works, price against the referee's appraisal, and keep backup buyers in touch in case of an overbid. Your attorney handles the court filings. I handle the buyers, the showings and the sale paperwork.

What if one heir objects?

Under full authority, an heir who objects to the Notice of Proposed Action pushes the sale to court. That adds time, and the court then decides. It's one more reason to get everyone on the same number early.