Can Executor of Will Sell Property in San Bernardino, CA?

If you’ve been appointed an executor of someone’s estate in San Bernardino, there’s probably a house staring you in the face. It may be your parents’ place where you spent countless holidays (or your aunt’s quirky little bungalow with the overgrown rose bushes). Can you sell it? Definitely.

You have every right to sell that property. In fact, you should do it sooner rather than later. Empty houses cost a lot of money! Every month you wait is another month of property taxes, insurance, and utility bills deducted from what the beneficiaries will eventually inherit. Casey Buys Houses invites you to check out this whole guide to learn more about the powers of an executor and how you can sell!

Can Executor of Will Sell Property in San Bernardino, CA?

Yes, you can sell that property as the executor, and it’s one of your obligations. California law basically hands you the keys to the castle when it comes to managing estate assets, including real estate. Most of the time, you won’t even need to ask the court for permission. You just do it.

You’ve got the law on your side here. They will probably give you selling authority, but even if it doesn’t specifically say so, California’s probate code has your back.

Just a note, though (and this is important), you can’t just sell to your neighbor’s cousin for half the market value because they seem nice. Why? Because you have a legal duty to get fair market value and act in everyone’s best interests.

As long as you can sell for 90% or more of what the property appraised for, you’re in the clear. Anything less than that? You’ll need to go to the probate court and explain yourself.

What Other Powers Does an Executor Have in San Bernardino County?

Being an executor is kind of like being given the keys to someone else’s entire financial life. It’s a big responsibility, but you’ve got serious authority to get things done.

You can open and close bank accounts, pay off debts, collect money people owed to the deceased, and hire whatever professionals you need to help you out. If you need a lawyer or an accountant, go for it. The estate will pay for it.

San Bernardino County typically grants what’s called “full authority” under California’s Independent Administration of Estates Act. This basically means you can handle most estate business without having to ask the court’s permission first.

Just keep good records of everything you do. You’ll need them later when it’s time to show the court and beneficiaries how you spent the estate’s money.

Step-by-Step Guide: From Death to Property Sale in San Bernardino

Here, we’ll walk you through each step, actually making this sale happen. The process isn’t that complicated once you know what you’re doing; it’s just that nobody ever explains it in plain English.

File the Will with the San Bernardino Probate Court

This is where you start and we’re not gonna sugarcoat it… You need to hustle here! California will give you 30 days to 4 months to get that will filed. You don’t want to be the person who missed the deadline and can’t become the executor because you were “too busy grieving.”

We get it, losing someone sucks, but this paperwork won’t file itself. Get the original will, get a certified death certificate (you’ll need like 10 copies anyway), and head to the San Bernardino Superior Court.

It’ll cost you about $435, but the estate’s paying, not your personal bank account. Even if you’re thinking, “maybe this estate is too small for probate,” just file it anyway. We’ve seen people get burned when they find out later there were assets they didn’t know about.

Petition for Letters Testamentary

“Letters Testamentary” sounds like something from a Jane Austen novel, but it’s really just your official appointment as an executor. You’ll do this at the same time as filing the will.

The petition lists all the beneficiaries, all the stuff the person owned (yes, including that house), and confirms you’re not some random person trying to steal an inheritance.

Then you wait about 6 to 8 weeks for a court hearing. Until you get those magic papers in your hands, you’re stuck. Can’t touch bank accounts, can’t hire anyone, can’t sell squat. It’s frustrating, but that’s how it works.

Get Officially Appointed as Executor

Court day! Most of these hearings are about as exciting as watching paint dry. You show up, the judge asks you a couple of questions like “do you promise not to steal everything,” you say yes and you’re officially the executor.

But heads up, if any of the beneficiaries are mad about something or think you’re not the right person for the job, this is where the stress starts. We’ve been to hearings where family members duke it out right there in front of the judge. Fun times.

Once you walk out with your Letters Testamentary, though, you’re the executor. You can finally start actually doing executor stuff, including making moves on that property sale.

Obtain Probate Referee Appraisal

California will make you get a probate referee to come out and put a value on everything, including the house, the jewelry, that weird art collection, all of it. You don’t get to choose the referees because the court will pick one for you. They’ll charge about 0.1% of whatever they say the stuff is worth.

This matters for your house sale because remember that 90% rule? This appraisal is what sets that bar. If the referee says the house is worth $500k, you can sell it for $450k or more without asking anyone’s permission. If it’s less than that, you need to make a trip back to court.

The referee usually gets this done within a few months, so don’t stress if it takes a while.

Secure and Maintain the Estate Property

Now that you’re the executor, you’re officially responsible for a house that’s probably been sitting empty for weeks or months. First things first, change those locks. We don’t care if you trust every family member and neighbor; people get weird when someone dies, and keys have a way of floating around.

Make sure the insurance is still good. Turn the utilities back on if they’ve been shut off, and for the love of all that’s holy, keep the grass cut. The city will fine you if the place looks abandoned and nobody wants to deal with code enforcement on top of everything else.

Check on the house regularly, too. Take pictures of any problems and keep every single receipt. The estate will reimburse you for this stuff.

Fair warning, though: maintaining an empty house gets super expensive in the long run, which is exactly why you want to get it sold ASAP.

Hire a Probate-Experienced Realtor

Here, you can’t just use your cousin who “sells houses sometimes.” You need a realtor who actually knows probate sales inside and out, because selling estate property has some weird issues that regular agents have never dealt with.

A good probate agent knows about court confirmation processes, overbid situations, and all the special disclosures (or lack thereof) that come with estate sales.

They also understand that you’re probably stressed, grieving, and dealing with family drama, so they won’t freak out when your sister calls them crying about selling mom’s house.

Ask potential agents how many probate sales they’ve done in the last year. If they can’t give you an honest number, keep looking. And yes, the estate pays its commission, not you.

Prepare the House for Market

That house probably needs work. We’re not saying you need to gut renovate the place, but you’ve got to make it presentable enough that buyers would take interest in it.

You may start with the basics, like deep cleaning everything and fixing any obvious problems ( leaky faucets or broken windows). You should also get rid of the musty smell that every empty house seems to develop.

You might need to paint over that wild wallpaper from the ’90s or replace the carpet that’s seen better days. But remember, don’t go overboard with renovations unless you know they’ll pay off.

Your probate agent can help you figure out what’s worth fixing and what’s not. Sometimes it’s better to price the house a little lower and let the buyer deal with the pink bathroom tile than to spend estate money on things that might not add value.

List and Market the Estate Property

This is it! You’re officially selling the house! Your agent will handle most of the marketing stuff, but you’ll need to make some decisions about pricing and timing.

Don’t get emotionally attached to getting top dollar if it means the house will sit on the market for months. As we’ve said earlier, every month that the house doesn’t sell is another month of insurance, taxes, utilities, and maintenance coming out of what the beneficiaries will inherit.

Your agent should price it competitively based on recent comparable sales, not on what you think it should be worth or what it meant to the family.

Plus, be prepared for lowball offers. Some buyers specifically target estate sales, thinking they can get a deal from desperate executors. Don’t take it personally; just counter appropriately or ignore the ridiculous ones.

Review and Accept Offers

When offers start coming in, the fun (or more stress) begins. You’ll review each offer with your agent and look not just at price but also at the buyer’s financing, timeline, and any contingencies.

Cash offers are usually your best bet in probate sales because they close faster and have fewer ways to fall apart. If you get multiple offers, great! But don’t automatically take the highest one if it’s loaded with contingencies that could kill the deal later.

Once you accept an offer, you’ll need to notify all the beneficiaries about the sale. They don’t get to vote on whether you can sell, but they do get to know it’s happening, and you can sell your home for cash in Fontana or nearby cities to close quickly and avoid delays.

Some of them might have opinions about it, so brace yourself for that conversation.

Deal with the Court Confirmation Process (If Required)

If you managed to get an offer for 90% or more of the appraised value, that’s awesome! You can skip this step and go straight to closing. But if your offer is less than 90% or if you’re operating under limited authority, you get to experience the joy of court confirmation.

This means going back to the judge and asking them that you want to sell the house for this particular amount. The court will schedule a hearing and (brace yourself) other people can show up and outbid your buyer right there in the courtroom.

It’s like an auction, but with more lawyers and less exciting stuff being sold. Your original buyer will get the first chance to match any higher bids, but if they don’t, you just got a better price for the house.

The downside is that this process can add weeks or months to your timeline. There’s always a chance your buyer will get fed up and walk away.

When Is An Executor’s Authority Limited in San Bernardino?

Most of the time, you’ll get what’s called “full authority” as executor, which means you can handle most estate business without asking the court’s permission first. But sometimes (and this is when things get more complicated), your authority will get limited.

Properties Worth Less Than 90% of Appraised Value

So you got an offer, but it’s for less than 90% of what the probate referee said the house is worth. You have no choice but to go through confirmation. It’s not the end of the world, but it’s definitely more of a hassle.

You’ll need to go back to court and explain to the judge why this lower offer is still in everyone’s best interest. You need to bring proof that you marketed properly, and this really is the best deal available.

Beneficiary Objections and Court Intervention

Family drama can really mess up your day. When beneficiaries formally object to a property sale, the court has to get involved, whether you like it or not.

They’ll schedule a hearing where everyone can air their grievances and the judge will decide if the sale can proceed. You’ll need detailed documentation of your marketing efforts and the property’s condition to show the sale is reasonable.

Overbid Process in San Bernardino Probate Court

When your sale goes to court confirmation, the judge opens it up for other buyers to outbid your original buyer right there in the courtroom. As we’ve shared, this is like a live auction, except everyone’s wearing suits and speaking in legal jargon.

Your original buyer will get first dibs on matching higher offers, but if someone else pays more, they can take over the sale.

The upside is you might get more money for the estate; the downside is the process can add months to your timeline.

What is California’s Independent Administration of Estates Act (IAEA)?

Under the IAEA, you get “full authority” to do pretty much everything related to managing the estate: sell property, pay debts, distribute assets, hire professionals, whatever needs doing. It’s way better than the old system where executors had to ask the court’s permission for every little decision.

San Bernardino County grants the IAEA authority to most executors unless there’s a specific reason not to, like ongoing family disputes or concerns about the executor’s competence.

This is what lets you sell your home for cash in San Bernardino or nearby cities for 90% or more of the appraised value without court approval. The IAEA gives you that power.

Can Executors Buy Estate Property?

Yes, you can buy the house yourself if you want it, but it’s not as simple as just writing yourself a check. California law is super strict about this because they don’t want executors taking advantage of their position.

If you want to buy the house, you’ll need to prove you’re paying fair market value. You also need to get court approval and probably deal with some side-eye from the other beneficiaries. 

It’s totally doable, but you’d better be prepared to justify every aspect of the transaction. The court’s going to scrutinize this sale more than a regular one because there’s an obvious conflict of interest when you’re both the seller and the buyer.

Alternative Options: Cash Buyers for San Bernardino Estate Properties

As an executor, you’ve got enough on your plate without dealing with months of showings, repairs, and buyer financing drama. Cash buyers who specialize in estate properties totally get what you’re going through!

They know you’re managing someone else’s affairs, dealing with grief, and probably juggling this responsibility with your regular job and family life. These buyers are used to working with executors and understand the probate process. They won’t freak out about court confirmations or ask you a million questions about things you might not know.

The best part for executors is that cash buyers remove most of the unknowns that can derail a traditional sale. You don’t have to worry about appraisals coming in low ot buyers backing out because of inspection issues. Even financing falling through at the last minute.

Sure, the offer might be lower than what you’d get on the open market. But when you factor in the months of carrying costs you’ll save and the stress you’ll avoid, it often makes sense for executors who just want to move on with settling the estate.

Key Takeaways: Can Executor of Will Sell Property in San Bernardino, CA

As detailed in this guide, you can really sell an estate property in San Bernardino as an executor. It’s actually one of your main responsibilities.

You’ve got broad authority under California law, especially with full IAEA powers. Plus, you can usually sell without court approval as long as you get at least 90% of the appraised value.

Are you the executor of a will and need to sell property? Casey Buys Houses can help you sell quickly, avoid costly repairs, and manage the process with ease. We offer fair cash offers, handle all the details, and make the transaction seamless, even during probate. Ready to sell or have questions? Contact us at (909) 455-9496 for a no-obligation offer. Get started today!

HEIRSHIP	INHERITANCE	INHERITING	SOUTHERN CALIFORNIA	BROKER	REAL ESTATE BROKER
LAWYER	LIVING TRUST	TRUST	ESTATE PLANNING	VICTORVILLE	VICTORVILLE DISTRICTS
MORTGAGE	PROBATE JUDGE	NEWSLETTER	JOINT TENANT	RIGHT OF SURVIVORSHIP	JOINT TENANCY
OWNERSHIP	OWNERSHIP INTEREST	DESCENT AND DISTRIBUTION	INTESTATE	RIVERSIDE COUNTY	RIVERSIDE
PROPERTY VALUES	PAYMENTS	ORANGE COUNTY	ORANGE	MARKET TRENDS	LOS ANGELES, CA
TENANCY	LITIGATION	LAWSUIT	INSURANCE	FIDUCIARIES	FEES
EMAIL ADDRESS	EMAIL	CHILDREN	BLOG	BANK	PROBATE REAL ESTATE
THE PROPERTY IS	SAN BERNARDINO PROBATE	A PROBATE PROPERTY IN	SELLING A PROBATE PROPERTY	NAMED IN THE WILL