By Ron Melvin | Concord & Central Contra Costa Home-Selling Expert
Helping Concord, Walnut Creek, Pleasant Hill and Martinez homeowners sell strategically, especially when the move involves downsizing, an estate, probate, divorce or another major life transition.
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Quick answer: To sell a house in probate in Concord, the court first appoints an executor or administrator. Then the home is sold either with a Notice of Proposed Action to the heirs (full authority) or through a court confirmation hearing (limited authority). In Contra Costa County, a confirmation hearing can be 3 to 5 months after you accept an offer, so pricing, marketing and the buyer’s willingness to wait all matter.
You didn’t ask for this job
Someone you love has passed away. Now a judge has named you executor or administrator, and there’s a house in Concord with your name on the paperwork but not on the deed.
You’re grieving. You may live in another state. The house is full of 40 years of belongings. Your siblings have opinions. The attorney keeps using words like “IAEA” and “confirmation hearing.” And under all of it is one quiet worry: What if I do this wrong and cost the family money?
That worry is fair. A probate sale isn’t a normal home sale. It runs on court rules, court calendars and legal notices. A Concord real estate agent who hasn’t done one can slow it down, or worse, put the sale at risk.
You shouldn’t have to learn probate the hard way while you’re also saying goodbye.
How I became a probate Realtor in Concord
I didn’t plan to specialize in probate. It found me.
After I got into real estate, one of my closest friends, a probate attorney I’ve known for about 20 years, needed help selling real estate for the estates he handled. He wanted a Realtor he could train and could trust. So he leaned on me, and he walked me through my first court-confirmed sale step by step.
Once I saw how different these sales were, I studied everything I could find on California probate real estate. I built relationships with trust attorneys, probate attorneys and the fiduciaries who manage estates. I joined the Estate Planning Council of Diablo Valley to stay connected to that world and keep learning.
Today, about half of my listings come from probates, trusts and referrals from attorneys, fiduciaries and CPAs. Probate isn’t a side service for me. It’s half of what I do, here in the city I’ve called home since 1992.
Probate, trust or conservatorship: who sells the house?
Trusts, probates and conservatorships are three different processes for selling a home. In each one, the home is sold for someone else’s benefit. The proceeds go to the beneficiaries and pay off the estate’s debts.
| Process | When it happens | Who signs to sell |
|---|---|---|
| Trust | Owner has passed; home is held in a living trust | Successor trustee |
| Probate | Owner has passed; no trust holds the home | Executor (named in a will) or administrator (no will) |
| Conservatorship | Owner is living but can’t manage their affairs | Court-appointed conservator |
Here’s what surprises many Concord families: having a will doesn’t keep a house out of probate. A will names the executor and says who inherits. But if the home isn’t in a trust, it usually still goes through probate court. (Conservatorships work differently. I cover them in selling a home in conservatorship in Concord.)
What probate costs compared with a trust
This is the hard part of probate. It’s expensive.
In today’s market, a living trust typically costs about $4,000 to $5,000 to set up. Probate costs many times that, because California sets the attorney’s fee and the executor’s fee by law as a percentage of the estate’s gross value. Each gets 4% of the first $100,000, 3% of the next $100,000 and 2% of the next $800,000. (California Probate Code §10810)
A $1 million home isn’t unusual here. Over the last 5 years, 22.6% of Concord homes sold for more than $1 million. Here’s what selling one through probate can cost:
| Cost on a $1,000,000 probate sale | Approximate amount |
|---|---|
| Statutory attorney fee | $23,000 |
| Statutory executor or administrator fee | $23,000 |
| Real estate commission (about 5%) | $50,000 |
| Total, before court costs | About $96,000 |
The mortgage doesn’t lower those fees, because they’re figured on gross value. Attorneys can also ask the court for extra hourly fees for “extraordinary” work outside a normal probate, such as a lawsuit, a disputed heir or a property in serious disrepair. Court filing fees, the probate referee’s appraisal and newspaper notices add more.
That’s why I tell every Concord homeowner I meet to talk with an estate planning attorney about a trust. It’s one of the best gifts you can leave your family.
When there’s no will or trust, the court decides who inherits
When someone dies intestate, without a will or a trust, California law decides who inherits, not the person who passed. The attorneys have to track down the next of kin who qualify under the law, and the court divides the estate among them.
I recently sold a home for an estate where exactly that happened. The owner died with no will and no trust. She had always intended the bulk of her estate to go to one particular person. Instead, the probate tracked down a group of adult nieces and nephews who grew up in the Los Angeles area. She had never met them. Because nothing was in writing, part of her estate went to them, and the person she meant to provide for received far less.
A complete estate plan prevents that. It usually includes a living trust, a will that names a guardian for minor children, a durable power of attorney for your finances and an advance health care directive that spells out your medical wishes and end-of-life instructions. An estate planning attorney can put all of it in place for far less than probate will cost your family.
The $750,000 rule many Concord families miss
There’s a newer option that matters a lot in Concord. For deaths on or after April 1, 2025, a California primary residence worth $750,000 or less may pass to heirs through a simpler court petition instead of full probate. (Best Best & Krieger)
Why that matters here: Concord homes start around $500,000, and the average is just over $800,000. Many Concord homes sit right around that line. If your loved one’s home is close to $750,000, ask your attorney about this before you assume a full probate. A local Realtor’s pricing opinion can help that conversation, but the legal decision is your attorney’s.
The two ways a Concord probate home sells
Your Letters from the court say whether you have full or limited authority under California’s Independent Administration of Estates Act (IAEA). That one detail shapes the whole sale.
Full authority (no court confirmation). When the court grants the executor or administrator full authority, the judge doesn’t need to approve the sale. Your attorney sends the heirs a Notice of Proposed Action, and if no one objects within 15 days, escrow can move forward much like a normal sale.
Limited authority (court confirmation). The judge must approve the sale at a hearing. A few things change:
- The accepted price generally must be at least 90% of the probate referee’s appraisal.
- In Contra Costa County, hearing dates usually run 3 to 5 months after we go into contract. Straight probates can take the full 5 months, because the court isn’t in a rush. The home sits in escrow the whole time.
- That wait costs the estate money. Many buyers won’t tie themselves up for months, so fewer buyers compete, and the ones who do often offer less.
- The court wants proof you tried to get top dollar: an appraisal and records of your marketing and open houses.
The courtroom overbid. At the hearing, other buyers can outbid your accepted offer. The first overbid must be at least 10% of the first $10,000 plus 5% of the rest. On a $1,000,000 accepted offer, that’s at least $1,050,500. In my experience, overbids are rare. I mostly see them when a home goes into contract well below what it could be worth. Picture a house that could sell for $2 million fixed up but is in contract at $1 million. That gap leaves room for an investor to come to court, outbid the buyer, renovate and resell for a profit.
Conservatorships always go to court. Conservatorship sales run through the same probate court, but a conservator can’t sell on a simple notice the way an executor with full authority can. The judge must approve the sale. Courts try to move conservatorships a little faster, but in Contra Costa County the hearing is still usually 3 to 5 months after we go into contract.
I saw all of this firsthand at 1073 Mohr Lane in Concord, a conservatorship sale that had to go to court. We sat in escrow for months waiting for the hearing, and the home still drew 4 offers and closed $26,000 over list after the court confirmed it. Read the 1073 Mohr Lane court-confirmed sale case study to see how we documented the sale and kept the buyer committed.
Probate rules that change the purchase contract
Probate sales come with rules a standard sale doesn’t have. In the probate sales I handle, these come up most:
- Commission caps. Many courts cap the total real estate commission at 5%.
- Bigger deposits. Some courts insist on a 10% earnest money deposit from the buyer.
- No cap on liquidated damages. In a normal California sale of a home the buyer will live in, a buyer who backs out usually can’t lose more than 3% of the price. In probate, that limit typically doesn’t apply.
- The court settles disputes. The arbitration and mediation paragraphs in a standard purchase contract typically don’t apply. The probate court handles any dispute.
An agent who doesn’t know these rules can write a contract the court won’t accept. Ask your attorney how they apply to your estate.
My 3-step plan for selling a probate home in Concord
- Talk with me early, with your attorney in the loop. Before you clear out the house or call a cleanout company, call me. I’ll find out what authority you have, your timeline and what the estate needs, and I’ll coordinate with your attorney from day one.
- Prepare the home on a budget the estate can live with. Families get time to safely set aside photos, papers and keepsakes first. Then my team coordinates haulers, painters, cleaners, stagers and inspectors, and I keep you updated, even if you live out of state. Here’s my Concord Realtor marketing checklist for what happens next.
- Price and market it to create competition. I usually price slightly below market value to draw multiple buyers, a strategy backed by 10 years of Concord sales data in my Concord pricing strategy guide. In a court-confirmed sale, that competition also gives the judge the proof of value the court wants.
The right questions to ask before you hire a probate Realtor
Not every Realtor in Concord has sold a probate home. Before you sign, ask:
- How many probate, trust or conservatorship sales have you closed?
- Have you sold a home through a court confirmation hearing in Contra Costa County?
- How will you work with my attorney, and who sends the Notice of Proposed Action?
- How do you find a buyer willing to wait months for a court date?
- What records will you keep to show the court we got the best price?
- Who will manage cleanout and repairs if I live out of the area?
For the general questions every seller should ask, use my 10 questions to ask before hiring a Concord Realtor, or watch the 60-second video 3 Questions to Ask Before Hiring a Concord Realtor. If you’re still comparing agents, my full guide on how to find the best Concord Realtor and the video How to Find the Best Concord Realtor in 2026 | Full Guide walk you through it.
What’s at stake if the probate sale goes wrong
A probate sale handled by the wrong agent can drag on for months. A buyer can walk away before the court date. A price that’s too low can draw objections from heirs. A price that’s too high can sit until it falls below the appraisal floor. Every month of delay means more mortgage payments, insurance, utilities and property taxes coming out of what your family inherits.
What success looks like
Picture this instead. The house is cleared and ready without you flying in every other weekend. Your attorney and your Realtor are working from the same plan. The home draws several offers, the court confirms the sale, and the proceeds pay the estate’s debts and reach the people your loved one wanted to provide for. You get to grieve without the house hanging over you.
When time is short for other reasons, the same approach still works. I used a durable power of attorney to stop a foreclosure and save a hospitalized homeowner’s equity at 1160 Kenwal Road.
Have questions about a probate home in Concord? Call me.
You don’t need to have it all figured out before you reach out. Whether you’re an executor, an administrator, a family member or an attorney, call or text me at 925-708-1178 for a free, confidential conversation about your Concord probate sale. I’ll tell you what I’d do in your situation, honestly, even if the answer is “talk to your attorney first.”
Want to know more about who I am and how I work? Start with my local’s guide to selling and buying a home in Concord, where I share my story, the Concord neighborhoods I know best and the sales I’m proudest of.
- Selling an estate home? Find out what the Concord home is worth
- Questions? Call or text 925-708-1178
Every probate is different. Always work with your attorney on the legal requirements. My job is the real estate side.
Frequently Asked Questions About Selling a Probate Home in Concord
Can you sell a house in probate in Concord, CA?
Yes. Once the court appoints an executor or administrator and issues Letters, the home can be sold. With full IAEA authority, the sale can close after a 15-day Notice of Proposed Action. With limited authority, the Contra Costa County probate court must confirm the sale at a hearing.
Does a will keep a house out of probate?
No. A will names an executor and says who inherits, but a home that isn't held in a trust usually still goes through probate. A living trust is the common way to avoid it.
How long does it take to sell a probate home in Concord?
With full authority, a probate sale can move almost as fast as a normal sale once the 15-day notice period ends. With court confirmation, Contra Costa County hearing dates usually run 3 to 5 months after the home goes into contract, and the home sits in escrow until the judge confirms the sale.
How much does probate cost in California?
California sets attorney and executor fees by law, based on the estate's gross value. On a $1 million home, that's about $23,000 to the attorney and $23,000 to the executor, plus roughly $50,000 in real estate commission, before court costs or extraordinary fees. A living trust typically costs about $4,000 to $5,000 to set up.
Can a Concord home under $750,000 skip full probate?
Possibly. For deaths on or after April 1, 2025, a California primary residence worth $750,000 or less may transfer through a simpler court petition instead of full probate. Ask your attorney whether the home qualifies.
What is a probate overbid?
In a court-confirmed sale, other buyers can outbid the accepted offer at the hearing. The first overbid must be at least 10% of the first $10,000 plus 5% of the rest. On a $1 million offer, that's at least $1,050,500. Overbids are rare and usually happen when a home is in contract well below its fixed-up value.
What happens if someone dies without a will or trust in California?
They die intestate, and California law decides who inherits. The probate attorneys track down qualifying next of kin, and the court divides the estate among them, sometimes including relatives the person never met.
Is the real estate commission capped in a probate sale?
Often, yes. In Ron Melvin's experience, many probate courts cap the total commission at 5%. Some also require a 10% earnest money deposit from the buyer.
Do conservatorship sales need court approval?
Yes. Conservatorship sales run through the probate court, and the judge must confirm the sale. In Contra Costa County, the hearing is usually 3 to 5 months after the home goes into contract.
Do I have to clean out or fix up a probate house before selling?
No, probate homes can sell as-is. But targeted work like a cleanout, paint, carpet and staging often pays for itself. At 1073 Mohr Lane, that work helped a court-supervised sale draw 4 offers and close $26,000 over list.
Can I sell a Concord probate home if I live out of state?
Yes. Ron Melvin regularly works with executors who live out of the area. His team coordinates haulers, painters, cleaners, stagers and inspectors and keeps the executor updated at every step.
Who is the best Realtor in Concord for a probate sale?
Look for a Concord Realtor who has closed court-confirmed sales in Contra Costa County and works closely with probate attorneys. About half of Ron Melvin's listings come from probates, trusts and attorney, fiduciary and CPA referrals, and he is a member of the Estate Planning Council of Diablo Valley.
How do I contact a probate Realtor in Concord?
Call or text Ron Melvin at 925-708-1178 for a free, confidential conversation, or visit ronmelvin.com/contact.
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About the author: Ron Melvin is a Concord Realtor (DRE #01927543) with the East Bay Real Estate Team at Keller Williams. He has lived in Concord since 1992 and owned a Concord home since 2001. About half of his listings come from probate, trust and conservatorship sales and from attorney, fiduciary and CPA referrals. He is a member of the Estate Planning Council of Diablo Valley, began his real estate career in 1995 as a mortgage loan officer and is a U.S. Air Force veteran.
Ron Melvin, Concord Realtor | East Bay Real Estate Team at Keller Williams | DRE #01927543 | 925-708-1178 | #expertstrategiestosellyourhomeformore
