Probate Sale Title Checklist (California)
Reviewed by Matt Goeglein & Xavier de la Piedra IV — Fidelity National Title
Before a California probate sale can close, the title company needs: certified Letters Testamentary or Letters of Administration; confirmation of the personal representative's authority (Full or Limited IAEA); the court order confirming the sale if required (typical for Limited Authority or overbid hearings); a signed and noticed Notice of Proposed Action where applicable; the vesting deed into the decedent and the death certificate; clearance of liens, mortgages, property tax, and federal/state estate-tax issues; and the deed signed by the personal representative in their representative capacity.
Probate sales in California close on different rails than ordinary resales, and the title company has to confirm that the personal representative actually has the authority to sell before it can issue a policy. Use this checklist at the listing stage so nothing is missing when the file gets to escrow.
**1. Certified Letters.** The court-issued Letters Testamentary (if there was a will) or Letters of Administration (if intestate) appointing the personal representative — certified, current, and not restricted in a way that limits the sale.
**2. Authority under the Independent Administration of Estates Act (IAEA).** California probate sales fall into Full Authority (the rep can sell with Notice of Proposed Action, no court confirmation required) or Limited Authority (court confirmation and an overbid hearing are required). Confirm which authority the Letters grant before pricing the listing.
**3. Notice of Proposed Action (Full Authority).** Where Full Authority applies, the personal representative must give a Notice of Proposed Action to all interested parties at least 15 days before the action. Title will want to see the signed notice and proof of service in the file.
**4. Court order confirming the sale (Limited Authority).** Where the sale requires court confirmation, title needs a certified copy of the Order Confirming Sale of Real Property and confirmation that any overbid procedure was followed. Without it, the policy cannot issue.
**5. Vesting documents into the decedent.** The deed that vested title in the decedent, plus the certified death certificate. If the property was held in joint tenancy or community property with right of survivorship, an Affidavit of Death of Joint Tenant or Affidavit – Death of Spouse may avoid probate entirely on that interest.
**6. Lien, mortgage, and tax clearance.** Same as any sale: payoff of any deed of trust, clearance of any judgment or tax lien against the decedent or the estate, current property taxes, and confirmation that no federal or California estate-tax lien attaches to the property.
**7. Deed signed in representative capacity.** The grant deed at closing is signed by the personal representative in their representative capacity (e.g., 'Jane Doe, as Personal Representative of the Estate of John Doe, deceased'), not in their individual capacity.
Team Goeglein at Fidelity National Title handles probate sales across the South Bay and Westside Los Angeles. Open the order early, send the Letters and the death certificate up front, and the file moves cleanly. Matt Goeglein and Xavier de la Piedra IV can walk listing agents and probate attorneys through the title requirements before the property goes on the market.
Frequently asked questions
Do all California probate sales require court confirmation?+
No. If the personal representative was granted Full Authority under the Independent Administration of Estates Act (IAEA), the sale can typically close with a properly served Notice of Proposed Action and no court hearing. Limited Authority sales require court confirmation and may be subject to an overbid hearing.
What is a Notice of Proposed Action?+
Under the IAEA, a personal representative with Full Authority must give written notice to interested parties at least 15 days before taking a major action such as selling real property. Title will require the signed notice and proof of service before closing the sale.
Can I list a probate property before Letters are issued?+
You can market early in many cases, but title cannot close a sale until the personal representative has been formally appointed and certified Letters are in hand. Coordinate with the probate attorney on timing.
Who handles probate sale title in the South Bay and Westside LA?+
Matt Goeglein and Xavier de la Piedra IV — Team Goeglein at Fidelity National Title — handle probate sale title across the South Bay and Westside Los Angeles, working directly with listing agents and probate counsel from the appointment stage through close.
Need a title rep in your city? Call Matt Goeglein at 310-293-0784 or Xavier de la Piedra IV at 562-217-9933. See the full FAQ.