You've inherited a home in Los Angeles. Maybe it's a parent's house in the Valley, a bungalow in Inglewood, or a place in the Inland Empire that's been in the family for decades. Whatever the situation, you now have a property you didn't plan to own — and a legal process standing between you and being able to do anything with it.
That process is called probate. And in Los Angeles County, it tends to take longer, cost more, and have more moving parts than most heirs expect. Here's what it actually looks like — and what your options are.
This article is for general informational purposes only and isn't legal or tax advice. Every estate is different. For guidance specific to your situation, consult a licensed estate attorney.
If you come across terms like "letters testamentary," "step-up in basis," or "IAEA" and want plain-English definitions, our inherited home glossary covers them all.
First, Does the Home Even Have to Go Through Probate?
Not every inherited property requires probate. In California, you can typically avoid it if the home was held in any of these ways:
- A living trust — the property transfers directly to the named beneficiary without court involvement.
- Joint tenancy with right of survivorship — the surviving co-owner takes full title automatically.
- A Transfer on Death (TOD) deed — names a beneficiary who receives the property at death, bypassing probate.
If the home was held solely in the deceased person's name with no trust or survivorship designation, probate is almost certainly required. California's small estate procedures under Probate Code §13100 don't apply to real property — inherited homes almost always require formal probate or a separate court petition regardless of value. If the estate also includes personal property, it may be worth looking into whether California's simplified procedures apply — a probate attorney or the court's self-help resources can help determine which threshold and process fits your situation. For reference, the personal property threshold is $208,850 for deaths before April 1, 2026, and $239,700 for deaths on or after that date.
If you're not sure how title was held, a probate attorney or title company can pull the deed and tell you within minutes.
How the LA Probate Process Works, Step by Step
California probate follows a defined legal sequence. Here's what it looks like in practice for Los Angeles County:
Step 1: File the Petition
The executor named in the will (or a family member if there's no will) files a Petition for Probate (Form DE-111) with the Los Angeles County Superior Court — specifically the Probate Division at the Stanley Mosk Courthouse, 111 North Hill Street, downtown LA. E-filing is available through approved providers, which saves a trip — but some documents still require original copies to be lodged in person. The filing fee runs approximately $435 to $550. The court then schedules a hearing, typically 30 to 45 days out — though LA's high case volume sometimes pushes that to 60 to 90 days.
Step 2: Publish Notice and Notify Creditors
California law requires notice to be published in a local newspaper of general circulation for three consecutive weeks before the hearing. Known creditors must also be notified directly. Once the court issues Letters Testamentary (or Letters of Administration if there's no will), creditors have four months to file claims against the estate.
Step 3: Court Appoints the Executor
At the hearing, the judge reviews the petition and — if everything is in order — formally appoints the executor and issues Letters Testamentary. This document is the executor's legal authority to act on behalf of the estate, including selling real property. Without it, nothing moves.
Step 4: Inventory and Appraisal
The executor must inventory all estate assets and file an Inventory and Appraisal (Form DE-160) with the court within four months of receiving Letters. For real property, a court-appointed probate referee conducts the appraisal. In a court-confirmed sale, the minimum acceptable offer is 90% of the appraised value.
Step 5: Sell the Property
This step depends heavily on whether the estate has IAEA authority (more on this below). With IAEA, the executor can sell without returning to court. Without it, the sale must be court-confirmed — a slower process that involves overbidding at a public hearing.
Step 6: Final Accounting and Close
Once debts are paid, assets distributed, and the court approves the final accounting, the estate closes. This final phase alone can take several additional months.
How Long Does Probate Take in Los Angeles County?
The honest answer: longer than most heirs expect.
The mandatory four-month creditor claim period sets a hard floor — no California estate can close faster than that. Factor in filing, hearing dates, the appraisal, managing and selling the property, and final accounting, and you're looking at:
- Straightforward estates: 9 to 12 months
- Typical estates: 12 to 18 months
- Contested or complex estates: 2 to 3 years or more
Los Angeles County adds its own wrinkle: the Stanley Mosk Courthouse Probate Division is among the busiest in California. LA's high filing volume can push initial hearing dates to 60 or 90 days out, and the court's probate notes system — where a court examiner reviews filings before each hearing and may issue written corrections called "notes" that must be resolved before the hearing proceeds — means an additional round of back-and-forth if anything needs fixing.
Every month the estate stays open, costs accumulate. A typical LA home carries $3,000 to $8,000 per month in mortgage payments, property taxes, insurance, and maintenance — plus HOA fees where applicable. That's real money coming out of the estate while the process plays out. For more on the insurance exposure specifically, see the insurance problem nobody warns heirs about. Use our net proceeds calculator to model how carrying costs affect your take-home over time.
The Part That Surprises Most Heirs: Statutory Fees
California sets probate attorney and executor fees by law, calculated as a percentage of the gross estate value — not the net value after debts. That distinction matters enormously in Los Angeles, where home values are high.
On a $1 million estate, both the executor and attorney may each be entitled to approximately $23,000 in statutory fees — a combined cost of around $46,000 before court costs and other expenses.
If the home is worth $1 million but carries a $600,000 mortgage, fees are still calculated on the full $1 million. The equity the heirs actually receive takes the hit.
IAEA Authority: The Detail That Changes Everything for Sellers
The Independent Administration of Estates Act (IAEA) is the single most important variable for anyone trying to sell an inherited home during probate — and most heirs have never heard of it.
IAEA authority allows the executor to sell the property without going back to court for a confirmation hearing. This eliminates the overbid process, removes a significant source of delay, and gives the executor far more control over the sale. The will can grant it directly, or you can request it in the probate petition. If all heirs consent, the court almost always approves it.
Without IAEA, a court-confirmed sale works like this: the executor accepts an offer, publishes notice, then returns to court for a confirmation hearing where any member of the public can show up and overbid. The minimum overbid is typically 5% above the accepted offer plus $500. It can derail sales and extend the timeline by months.
If you're the executor, ask your probate attorney about IAEA at the very first meeting. If the will doesn't grant it, request it in the petition. It costs nothing extra, requires no additional filing fee, and in a county where every extra court date costs months, it's one of the most valuable things an executor can do before probate even opens.
Your Options for Selling an Inherited Home During or After Probate
Once the executor has Letters Testamentary — and ideally IAEA authority — there are generally three paths:
List traditionally on the MLS. The standard route — hire an agent, prep the property, list it, show it, negotiate with buyers who need financing. This typically gets the highest price but requires the most time, effort, and coordination. Buyers financing their purchase will need the property to pass a lender appraisal, which can create issues for homes that need repairs.
Sell as-is to a cash buyer. A direct cash buyer purchases the property in its current condition, without requiring repairs, showings, or lender appraisals. The process is simpler, the timeline is faster, and there are no agent commissions. For an estate trying to close efficiently — especially when heirs live out of state or the property needs significant work — this is often the most practical option.
Wait. Some heirs hold the property through probate and decide what to do after the estate closes. This is a reasonable choice, but carrying costs continue the entire time.
Wedgewood Homes buys inherited properties directly across Los Angeles and the Inland Empire — no repairs, no commissions, no open houses. We have direct experience working with probate situations and can move on your timeline, not the court's. See how the process works, or use our net proceeds calculator to compare your take-home under different sale scenarios.
One thing worth knowing: you don't need to wait until probate closes to reach out. The earlier you connect with a buyer, the more flexibility you have on timing. We can structure an offer around your court schedule — so that when Letters Testamentary are issued, you're ready to close quickly rather than starting the process from scratch.
Schedule a call with a local market specialist to talk through where you are in the process — no pressure, no obligation.
"The entire process was so much quicker than anything we thought possible — yet Wedgewood Homes went out of its way to accommodate our time frame, our need to coordinate with other family members, and to make sure we were on the right path."
— Art S., probate property sale, Menifee CA, March 2026
What Happens When Heirs Can't Agree
Multiple heirs inheriting the same property is common — and it's where timelines can blow up.
If one heir wants to sell and another wants to keep the property, the disagreement can stall everything. If heirs can't reach agreement, it may be worth asking a probate attorney about a partition action — a court proceeding that can compel a sale and divide the proceeds among heirs. The process typically takes 6 to 12 months, and it's expensive and relationship-damaging for everyone involved.
A faster and far less expensive option is mediation. A neutral mediator can help all heirs reach an agreement at a cost of $2,000 to $8,000, usually in one to three sessions, with a high success rate when all parties participate in good faith.
The practical argument for getting aligned quickly: while heirs argue, the property still costs money. Some families have lost $50,000 or more in carrying costs while disagreeing over a $20,000 difference in listing price.
Frequently Asked Questions
Can I sell the house before probate is complete?
You can't legally transfer title until Letters Testamentary are issued — but that doesn't mean you should wait to get started. With IAEA authority, you can market the property, accept an offer, and have everything ready to close the moment Letters are issued. Our certified probate and trust specialists work with sellers at every stage of the process, including before probate closes. Reaching out early gives you more options, not fewer.
Can I live in the inherited home while it's in probate?
Possibly, depending on the situation and all heirs' agreement. Keep in mind that the executor has a fiduciary duty to all beneficiaries — allowing one heir to occupy the property rent-free can disadvantage others and create legal exposure for the executor.
Do I need a probate attorney in LA?
California doesn't legally require one, but given the complexity of LA County probate and the Stanley Mosk Courthouse's specific procedures — including the probate notes system — it's worth asking about legal representation early in the process. Most probate attorneys work on the statutory fee schedule, so the cost is already built into the process.
What if the home has a mortgage?
The mortgage doesn't disappear at death. The estate is responsible for payments during probate. Notify the lender as early as possible — lenders generally allow a reasonable window for heirs to address the loan, but ignoring it can create serious complications.
The Bottom Line
Probate in Los Angeles takes time — usually more than a year from start to finish for a typical estate. The costs are real, the paperwork is substantial, and the process has more moving parts than most heirs anticipate. If you're the executor, getting organized early and requesting IAEA authority from the start makes a significant difference.
If you're navigating LA County probate — even if you're still early in the process — it's worth understanding your options now rather than later. Our certified probate and trust specialists work with sellers at every stage. Request a no-obligation cash offer or schedule a call with a local market specialist to start the conversation.
Wedgewood Homes buys inherited properties directly from heirs and estates across our markets — with no repairs required, no agent commissions, and no fees. We serve sellers throughout Southern California, the Inland Empire, Orange County, San Diego, the Bay Area, Sacramento, the Central Coast (Santa Barbara to San Luis Obispo), the Central Valley (Stockton to Bakersfield), Las Vegas, Reno, Dallas, Salt Lake City, Denver, and Colorado Springs. View all Wedgewood Homes locations or browse our homes for sale.