Personal Representative Deed Requirements in California

At a glance

Requirements one by one

Governing framework and property control

California separates title from administration. Probate Code §§ 7000-7001 say title passes at death to the devisee or heir, but the property remains “subject to administration.” Section 9650 (§ 9650) gives the personal representative possession or control of property to be administered, while allowing realty to remain with the presumptive recipient until possession becomes necessary for administration.

Section 10000 (§ 10000) permits a sale to pay debts, devises, family allowance, administration expenses, or taxes; when the sale advantages the estate and serves interested persons; or when the will directs or authorizes it.

Will power and independent authority

The decisive shortcut is full authority under the Independent Administration of Estates Act, not merely a power of sale in the will. Sections 10403 and 10501 exclude real-property sale power from limited authority. Sections 10510-10511 give the power to a representative with full authority only after the proposed- action requirements are satisfied.

Court-supervised petition and review

Under the ordinary route, § 10308 requires a report and confirmation petition before title passes. At the hearing, §§ 10310-10311 require the court to review the sale's authorization or reason, the representative's efforts to obtain the best reasonably attainable price, and any qualifying higher bid. Section 10313 then adds fair-conduct, value, notice, and other confirmation findings before the court directs the conveyance.

Notice and objections

Ordinary real-property sales generally begin with published notice under § 10300 and later confirmation-hearing notice under § 10308(c). A will direction or will power can remove the sale-publication requirement under § 10303, but not the ordinary route's separate confirmation requirement.

For a full-authority sale, §§ 10581 and 10585-10587 require proposed-action notice to affected known devisees and heirs and special-notice requesters. The notice must describe the material transaction terms and be delivered at least 15 days before the stated action date. A timely objection sends a sale that otherwise needs supervision back to the court-supervised procedure under § 10589.

Sale price, appraisal, and overbids

For an ordinary private sale, § 10309 generally requires both the appraisal and its valuation date to be within one year of the confirmation hearing, and the offer must be at least 90% of appraised value. Section 10311 creates a hearing overbid formula: at least 10% more on the first $10,000 of the original bid and 5% more on the remainder, subject to the section's other conditions.

Section 10503 (§ 10503) gives a full-authority representative a different route: public or private sale, cash or credit, and representative-set terms, without ordinary confirmation rules such as the 90% appraisal floor and hearing overbid process.

Confirmation, deed, and recording

After ordinary confirmation, §§ 10313-10314 require the court to direct and the representative to execute a conveyance referring to the confirmation order. A certified copy of that order must be recorded in the county recorder's office where any part of the property lies. The conveyance vests both the decedent's death-time interest and any additional interest the estate acquired before sale. Section 10316 (§ 10316) also says an omission, error, or irregularity does not invalidate a sale made under an order in the statutory proceeding.

What trips people up

A power of sale in the will is not the same as full independent-administration authority. Section 10303 lets the representative skip sale publication when the will directs or authorizes sale, but § 10308 says ordinary-route confirmation is still required “notwithstanding” that will language. The exception is the separate § 10503 full-authority route.

Common questions

Does an heir's immediate title prevent the executor from selling?

No. Sections 7000-7001 make the inherited title subject to probate administration, and § 9650 gives the representative control when administration requires it.

Can an interested person stop a proposed full-authority sale?

The person may deliver a timely written objection under § 10587 or seek the restraining order described in § 10588. If the sale would ordinarily require court supervision, § 10589 then requires the representative to use that route to proceed.

Does a missed proposed-action step always void a buyer's title?

No. Section 10591 (§ 10591) protects a bona fide purchaser or good-faith third party who changed position without actual notice of specified noncompliance, and says the person has no duty to investigate that compliance. That protection does not turn the deed into a warranty against every title defect or existing lien.

Statutes and sources

• Cal. Prob. Code §§ 7000-7001, 9650, and 10000 — title, administration, representative control, and statutory sale purposes. Official Legislative Counsel bulk code publication, accessed 2026-08-12: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=7000.
• Cal. Prob. Code §§ 10300, 10303, and 10308-10316 — ordinary sale notice, confirmation, appraisal, overbids, order, deed, recording, title effect, and irregularities. Official Legislative Counsel bulk code publication, accessed 2026-08-12: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=10300.
• Cal. Prob. Code §§ 10403, 10501, 10503, 10510-10511, 10581, 10585-10589, and 10591 — limited versus full authority, proposed-action notice and objections, sale terms, and good-faith purchaser protection. Official Legislative Counsel bulk code publication, accessed 2026-08-12: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=10403.