California Probate Real Estate Sale Calculator

Selling a California probate house

Enter the house's gross appraised value to see both statutory fees.

Gross appraised value of the house

IAEA authority level

Include a 5% realtor commission?

Estimated cost of this California probate sale

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IAEA full authority: no confirmation hearing needed

What makes California different: under Probate Code §10503, a personal representative with full Independent Administration of Estates Act authority can sell estate real property without a court-confirmation hearing, subject only to a Notice of Proposed Action with a 15-day objection window. Limited authority still requires court confirmation for the sale, adding 60 to 120 days and a hearing with potential overbidding.

Two statutory fees, on the same schedule

Probate Code §10800 sets the executor's fee, and §10810 sets the attorney's fee, at the identical graduated percentage: 4% of the first $100,000 of estate value, 3% of the next $100,000, 2% of the next $800,000, and lower percentages above that. Both are paid separately — the estate effectively pays this schedule twice.

Gross value, debts ignored entirely

The calculation starts from the appraised value on the Inventory and Appraisal filed with the court. Mortgages and other debts are not subtracted, so a house appraised at $800,000 with a $500,000 mortgage still counts at its full $800,000 for fee purposes — a detail that can consume a disproportionate share of the actual inheritance on a property-heavy, debt-heavy estate.

Up to 13.3% state tax on the gain

California taxes capital gains as ordinary income, with no preferential rate for long-term holdings — the highest state marginal rate in the country. See Capital Gains Tax on the Sale for the full breakdown.

California probate real estate sale — frequently asked questions

Does a California executor need court approval to sell the house?

Not with full IAEA authority — under Probate Code §10503, a personal representative with full Independent Administration of Estates Act authority can sell without a court-confirmation hearing, subject only to a Notice of Proposed Action with a 15-day objection window. Limited authority still requires court confirmation, adding 60-120 days.

How much does a California executor get paid for selling the house?

California uses a statutory percentage schedule under Probate Code §10800: 4% of the first $100,000 of the estate's gross value, 3% of the next $100,000, 2% of the next $800,000, and lower percentages above that. The attorney is entitled to the identical fee under §10810 — paid separately, on top.

Is the fee based on the house's full value or just the equity?

The full appraised value — California Probate Code §10800 calculates the fee on the gross appraised value from the Inventory and Appraisal, with mortgages and other debts completely ignored. A house appraised at $800,000 with a $500,000 mortgage still counts at the full $800,000 for fee purposes.

What's the maximum California state tax on the sale's gain?

Up to 13.3% — California taxes capital gains as ordinary income with no preferential rate, and its top bracket (12.3%) plus the 1% Mental Health Services Tax surcharge on income over $1 million produces the highest marginal state rate in the country.

How long does a California probate real estate sale typically take?

With full IAEA authority, roughly 12 to 24 months from filing to final distribution for the estate overall, though the sale itself can close much sooner once Letters issue and the 15-day Notice of Proposed Action period passes.

Same statute, different county backlogs

Probate Code §10503, 10800, and 10810 apply identically statewide, but how long the case sits on a court calendar varies — Los Angeles County's Stanley Mosk Courthouse and other busy calendars in Riverside and Orange County can add real delay before a hearing date, even under full IAEA authority.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on California Probate Code §10503, 10800, 10810 and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the county Superior Court or a licensed California attorney before acting.