Detailed Answer — step-by-step guide under California law

If you need the probate court’s permission to sell real property owned by a decedent’s estate in California, you must follow the probate process for sale of estate property. Clerks cannot give legal advice, so if the clerk’s office refuses to explain filing requirements, use the steps below to identify the correct documents, timelines, and notice obligations and to get the court order you need.

1. Identify your legal role and the case status

• Are you the named executor or administrator? If a personal representative (executor/administrator) is already appointed, that person normally has authority to act for the estate. If no one has been appointed, you must open a probate case and request appointment before you can sell estate real property in most situations.
• Is the estate being administered as a court-supervised estate or as an independent administration? Independent administration (if authorized by the will or the court) generally gives the personal representative more power to sell without repeated court approval. If the estate is supervised, you’ll need specific court orders for sales.

2. Decide whether you need a court order to sell

In many California probate cases a sale of estate real property requires court authorization or confirmation. If the personal representative lacks express power in the will or under an independent administration statute to sell, file a petition asking the court to authorize the sale. Even when independent administration is available, some sales (for example, sales to insiders or sales that require confirmation) still require court notice and approval.

3. Find the correct forms and local rules

California provides probate forms and local courts publish probate checklists and rules. Look for these resources:

• California Judicial Branch probate forms: https://www.courts.ca.gov/forms.htm?filter=probate — use this to find petitions, proposed orders, and sale-related forms.
• California law (Probate Code) and the Probate Code table of contents: https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PROB&tocTitle=+Probate+Code+-+PROB — this helps locate statutory rules on administration and sales.
• Your local superior court’s probate department web page — counties post local forms, local rules, filing checklists, and fee schedules. Find your court here: https://www.courts.ca.gov/find-my-court.htm

4. Typical documents to prepare and file

Although specific forms and procedure vary by county, a typical sale authorization involves:

• A petition (often called a Petition for Order Authorizing Sale of Real Property or a Petition for General Probate Relief) that states why the sale is necessary and how it benefits the estate.
• A proposed order (an order for the judge to sign) authorizing the sale with terms and contingencies.
• A purchase agreement (or copy of the offers) and a proposed judgment/order confirming sale if court confirmation is needed.
• Notices to heirs, beneficiaries, devisees, and creditors as required by statute and local rules. You must serve and sometimes publish notice before the hearing.
• Supporting exhibits such as a preliminary title report, appraisals or statements of value, escrow instructions, and an inventory and appraisal if already required by the court.

5. Serve notice, file proof of service, and attend the hearing

After filing, serve all required interested persons with the petition and hearing date. The court will set a hearing for the judge to review the petition. At the hearing the judge will examine whether the proposed sale is fair, whether notice was adequate, and whether any overbid procedure is appropriate. If the judge approves, the court signs an order authorizing the sale or confirming a sale after the overbid process.

6. If the clerk won’t explain procedural steps

• Ask the clerk only for procedural, non-legal information: office hours, filing fees, accepted forms list, local rules, where to file, and the court’s calendar. Clerks must provide neutral procedural guidance but cannot give legal advice or draft petitions for you.
• Request the local probate clerk’s checklist: most courts publish a probate filing checklist that lists required documents and service deadlines.
• Find sample pleadings and local forms on your county court’s website. Many courts have sample petitions to authorize sales or a sample order for sale.
• If you still cannot get clear procedural information, contact the court’s self-help center (if available) or the court’s website intake/contact page. Use email or the public terminal to access instructions rather than relying solely on a clerk conversation.

7. When to get legal help

Clerks cannot explain legal strategy. If your case involves contested heirs, potential creditor claims, a purchaser who is an interested person, disputes about value, complex title issues, or if you are unsure whether independent administration applies, consult a probate attorney. If cost is a concern, look for low-cost or free help through legal aid organizations or county bar lawyer-referral services:

• State Bar of California lawyer referral: https://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Referral-Service
• California Courts self-help resources: https://www.courts.ca.gov/selfhelp.htm

8. Optional alternate paths

• If the estate is small and meets statutory limits, some assets can transfer outside probate through small estate procedures. Those rules are limited and often do not apply to real property. See California Probate Code and court self-help resources to determine eligibility.
• Consider a negotiated sale where the buyer agrees to wait for probate approval. The purchase agreement can include a contingency for court authorization and overbid provisions required by the court.

Key takeaway: follow the probate rules, use the statewide and local court resources to find the correct forms and checklists, serve required notices, and present a petition with supporting documents at a court hearing. If clerks won’t explain things, use court web resources, the self-help center, or a probate attorney or referral service.

Disclaimer: This article is educational only and not legal advice. For advice specific to your situation, consult a licensed California probate attorney.

Helpful Hints — practical tips to speed the probate sale process

• Start by locating the decedent’s will and any letters testamentary/letters of administration already issued by the court. Those documents often state whether the personal representative can sell.
• Use the California Judicial Branch forms page to find likely forms (petitions, proposed orders, notices): https://www.courts.ca.gov/forms.htm?filter=probate
• Search your county superior court’s probate web page for local checklists and sample orders — many county sites include a “how to file a petition to sell real property” checklist.
• Prepare a simple package: petition, proposed order, purchase agreement, preliminary title report, and an affidavit of mailing/proof of service. Having these ready reduces back-and-forth with the clerk.
• Serve everyone who has a legal interest in the estate (heirs, beneficiaries, devisees, known creditors). Missing a required service can delay the sale or require re-noticing the court.
• Get at least one professional appraisal or a broker’s price opinion if the estate property value is in dispute — courts favor evidence of fair market value.
• Keep a timeline: filing date, publication (if required), last day to serve, deadline to file objections, and the hearing date. Track service proofs and file them before the hearing.
• If the buyer is an interested person (heir, beneficiary, or the personal representative), expect stricter scrutiny and possible requirement for court confirmation and overbidding at the hearing.
• Document communications with the clerk: ask for names, dates, and what the clerk said. If clerks refuse to provide procedural information, escalate to the court’s self-help or civil clerk supervisor for clarification.
• When in doubt, hire a probate lawyer for a limited-scope consult or for preparing the petition. Many attorneys will prepare a sale petition and proposed order for a fixed fee.