Selling an Inherited, Probate or Trust Home in San Francisco or Marin
Daniel Flores, a Compass Realtor® (CA DRE# 02032133), handles probate, trust and inherited-home sales in San Francisco and Marin County from court filing to close. He works directly with your attorney, executor or trustee, and starts every estate with two numbers: what the house is worth as-is, and what it would net after any work.
Families usually call me in the same week they realize three things at once: the house is now theirs to deal with, the paperwork has rules they don't know, and siblings or out-of-town heirs all have opinions. My job is to take the property side off your plate — valuation, cleanout, repairs, marketing, offers, escrow — while your attorney handles the court.
“We inherited my mother's home and had no idea where to start. Daniel handled the probate sale start to finish, coordinated with our attorney, and got us more than we expected. He made an overwhelming situation simple.”The Reyes Family · San Francisco · Probate sale
Probate sale or trust sale — which one is yours?
How the house was owned decides how it can be sold. Your attorney confirms this; here is the short version.
| Situation | Who signs | Court involved? | Typical sale timing |
|---|---|---|---|
| House held in a living trust | Successor trustee | No | Can list once the trustee is in place and the trust is reviewed |
| Probate with full IAEA authority | Executor / administrator | Usually no — heirs get a Notice of Proposed Action (15 days to object) | Can list soon after Letters are issued |
| Probate with limited authority (or the court is asked to confirm) | Executor / administrator, then the judge | Yes — court confirmation hearing with open overbidding | Add roughly 30–60 days for the hearing |
| Primary residence worth $750,000 or less (death on or after April 1, 2025) | Heir, after a court petition | Simplified petition (AB 2016) | Rare in SF and Marin at today's prices |
Full vs. limited authority is set when the court issues Letters under the Independent Administration of Estates Act (IAEA).
How a San Francisco probate sale works, step by step
- Authority. The court appoints the executor or administrator and issues Letters. Nothing can be signed before this.
- Appraisal. A court-appointed probate referee values the house. In a court-confirmed sale, the accepted offer generally must be at least 90% of that appraised value.
- Prep plan. We walk the house together and decide: sell as-is, light prep, or prep funded by Compass Concierge (paid back at closing).
- Listing and offers. Marketed like any other home — photos, open houses, the Compass network — but with probate-specific disclosures and contract terms.
- Notice or confirmation. With full authority, heirs receive a Notice of Proposed Action. With limited authority, the sale goes to a court hearing where other buyers can overbid.
- Escrow and close. Title, payoff of any loans, and distribution of proceeds through the estate.
What is overbidding in a court-confirmed sale?
At the confirmation hearing, any qualified buyer can top the accepted offer. Under California Probate Code §10311, the first overbid must be at least 10% more on the first $10,000 of the original price plus 5% more on everything above that. On a $1,500,000 accepted offer, that minimum is $1,575,500. Bidding then continues in the courtroom. I prepare sellers and buyers for this so nobody is surprised on hearing day.
Should you sell, keep or rent the house after Prop 19?
Since February 16, 2021, an inherited home keeps the parent's low property-tax base only if a child moves in as a primary residence within one year — and only up to the assessed value plus $1 million. Otherwise it is reassessed to market value. For a San Francisco or Marin house bought decades ago, that can mean a much larger tax bill, which is why holding it as a rental often costs more than families expect. I'll show you the numbers both ways; your CPA makes the call. More detail: Selling an inherited home in SF or Marin.
Sell as-is or fix it up first?
Many inherited homes haven't been updated in decades. I've renovated and sold my own properties, so I can price the work on the spot and tell you which fixes pay back and which don't. Often the answer is a cleanout, paint, floors and a deep clean — and Compass Concierge can front those costs so the estate pays nothing until closing. Sometimes as-is to the open market wins. If speed matters more than price, I can also show you a direct cash option next to the open-market estimate.
When heirs disagree or live out of state
Most of my estate sales involve at least one heir who isn't local. I keep one shared update cadence for everyone, run showings and vendors myself, and put every decision in writing to the executor or trustee and the attorney. When heirs disagree on price or timing, real comps and a written net sheet usually settle it faster than opinions do.
What a probate or trust sale costs
- Commission — in a court-confirmed sale the court approves it; otherwise it's agreed with the executor or trustee.
- Prep — cleanout, repairs, staging. Can be advanced through Compass Concierge.
- Closing costs — title, escrow and transfer taxes (San Francisco and some Marin cities add their own).
- Holding costs — taxes, insurance, utilities while the estate owns the house.
Areas I cover for estate sales
San Francisco, all of Marin County — Mill Valley, Tiburon, Larkspur, San Rafael, San Anselmo, Ross, Novato, Sausalito — and northern San Mateo County. Attorneys and fiduciaries: see how I work with counsel.
Further reading
Frequently asked questions
How long does a probate home sale take in San Francisco?
Once the executor has Letters, the sale itself usually takes 30–90 days with full IAEA authority. If the court must confirm the sale, add roughly 30–60 days for the hearing. The whole probate case typically runs longer than the sale.
Can I sell a house before probate is finished in California?
Yes. The executor or administrator can sell once the court issues Letters — you don't have to wait for the estate to close. With full IAEA authority, heirs get a Notice of Proposed Action; with limited authority, the court confirms the sale.
Do I have to fix up an inherited house before selling it?
No. Many estates sell as-is. Light prep — cleanout, paint, floors — often pays back in San Francisco and Marin, and Compass Concierge can front those costs until closing. Daniel prices both options before you decide.
What is the minimum overbid in a California probate sale?
Under Probate Code §10311, the first overbid must be at least 10% more on the first $10,000 of the accepted price plus 5% more on the rest. On a $1,500,000 offer, that is $1,575,500.
Do I need a probate attorney to sell an inherited house?
Daniel is not an attorney and doesn't give legal advice. Most executors and trustees work with an estate attorney for the court and title steps; Daniel coordinates the sale with them.
Who pays the real estate agent in a probate sale?
The estate or trust pays the commission from the sale proceeds at closing. In a court-confirmed sale, the court approves the commission.
Does Daniel Flores handle trust sales in Marin County?
Yes. Daniel handles trust, probate and inherited-home sales across San Francisco and Marin County, including Mill Valley, Tiburon, Larkspur, San Rafael and Novato, working with the successor trustee and the trust's attorney.
Inherited a home in San Francisco or Marin?
Tell me the address and where the estate stands. I'll send an as-is value and a prepped value, and walk you and your attorney through the timeline.
Call 415-596-1891 Text Daniel Get a Home ValueGeneral information only — not legal or tax advice. Rules change; confirm your situation with your attorney or CPA.