Court confirmation is required in certain California probate property sales, depending on whether the executor has Independent Administration of Estates Act (IAEA) authority and whether the Notice of Proposed Action is used.
When confirmation is required, the sale must be approved by a judge — and the overbid formula applies.
When Court Confirmation is Required
Court confirmation is triggered when:
• Executor/administrator has limited authority, OR
• A beneficiary or interested party objects, OR
• The estate attorney advises court supervision, OR
• Required documents were not served properly
What Happens at a Court Confirmation Hearing?
1. The accepted offer is presented to the judge
The buyer must appear prepared to deposit funds.
2. The judge announces the minimum overbid
Based on California’s 10311 formula:
• +10% of the first $10,000
• +5% of the balance
3. Competing buyers bid aloud
This is similar to a public auction in the courtroom.
4. Judge selects winning bidder
The judge confirms the highest qualified bid.
5. The sale moves to closing
The winning bidder deposits funds immediately.
Why You Need a Court-Confirmed Probate Specialist
• Prevent costly procedural errors
• Prepare all parties for the hearing
• Calculate overbids precisely
• Represent clients at the hearing
• Avoid delays that prolong probate
Schedule Guidance for Court Confirmation
Phone: 310-598-6462
California Probate Court Confirmation Expert