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Most probate property sales in California are sold through one of the five traditional avenues: a real estate agency, a private sale, a public auction, a private auction, or through a Trust department.
In California, if your assets are valued at $150,000 or more and they are not directed to beneficiaries through either a trust plan, beneficiary designation, or a surviving spouse, those assets are required to go through the probate process upon your incapacity or death.
An executor will never be legally forced to pay out to the beneficiaries of a will until one year has passed from the date of death: this is called the executors year.
Starting from the date of death, the executors have 12 months before they have to start distributing the estate. This allows time to gather information on the estate and check for potential claims. The executors have no obligation to distribute the estate before the end of the year.
It is vital on someones death that the executors obtain Probate as you have no legal authorisation to sell a property before Probate is granted, unless your name is already on the title deeds.

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Distributions to heirs and beneficiaries: 2 to 4 months After all the decedents debts and bills have been paid, the remaining assets can be dutifully divided amongst the heirs and beneficiaries, according to the will. If there is no will, then the assets can be divided equally amongst living heirs.
People are often pleasantly surprised to learn that the answer to this question (Can I sell a house during a California probate) is an affirmative, YES! That is correct, without hesitation, and that is without any doubt.
If you are selling a house in Probate, its important to be aware that it could be quite a lengthy process. You will need to get a Grant of Probate in place before completing on the sale, which can take several months. You can, however, have the property valued and put it on the market before Probate has been granted.
In order for the sale to be confirmed, the court requires that the new buyer, plus any other interested party, come to probate court to confirm the sale. The property is then sold auction style with the opening bid being (in the case of California) the accepted offer price plus the 5 percent, $500 increase.
It is possible to sell real estate during the probate process without getting court approval. The Independent Administration of Estates Act allows Executors to sell real estate owned by the estate as long as they notify all beneficiaries at least 15 days before the real estate sale.

Related links

Estate of Mesner - 37 Cal.2d 563 - Fri, 07/13/1951

A bidder at the confirmation hearing must compute his bid on the basis of the amount for which the property has been sold. By seeking confirmation of the sale

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Order Confirming Sale of Real Property DE-265 - CA Courts

States the courts decision (order) whether to confirm the sale of real property in an estate, guardianship of the estate, or conservatorship case.

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Remedies For Real Property Disputes 05 30 12 DOCXx FLA

A default under a contract for the sale and purchase of real estate in Florida must be An order confirming or denying confirmation of an award.126 d.

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