Los Angeles County Probate and Inherited Home Guide for Heirs and Sellers
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Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team. Facts come from the Superior Court of California, County of Los Angeles, and the California courts’ statewide forms as summarized by the Orange County Superior Court; sources are listed at the end. This is general information, not legal advice.
When a Los Angeles County homeowner dies, whether the house goes through probate depends on how it was titled and who inherits it. The Los Angeles Superior Court’s probate pages describe a full probate with a personal representative, plus a small-estate route for qualifying property.
This guide lays out the options for a house, the state dollar limits that apply, and how to sell an inherited home in Los Angeles County once someone has authority to sign.
Probate routes for a house in Los Angeles County
| Petition for Probate | The full court process. The court appoints an executor or administrator and issues letters, the document that proves authority to act. |
| Spousal or domestic partner property petition | For property passing to a surviving spouse or registered domestic partner, with no dollar limit. |
| Affidavit re: Real Property of Small Value | Real property only. Gross value up to $69,625 for a death on or after April 1, 2025, with a six-month wait. The court’s local rules (rule 4.45) cover these affidavits. |
| Petition to Determine Succession to Primary Residence | A California primary residence up to $750,000 for a death on or after April 1, 2025. It needs a court hearing and notice. |
| Probate Code 13100 affidavit | Personal property only, up to $208,850 for a death on or after April 1, 2025, after 40 days. It does not transfer a house. |
The dollar limits come from state law and Judicial Council form DE-300, as summarized on the Orange County Superior Court’s simplified probate page. Los Angeles County’s court glossary describes the small-estate affidavit as a way to move personal property to an heir without probate when the estate meets Probate Code section 13100. Check the date-of-death column on DE-300 for your family.
Do I need probate to sell an inherited house in Los Angeles County?
- House in a living trust: a trust avoids probate for assets titled in it, and the successor trustee generally handles the sale.
- House passing to a spouse or partner: the spousal property petition has no value limit.
- Small house only: the small-value real property affidavit or the primary residence petition may fit, within the limits above.
- Everything else: a Petition for Probate and an appointed personal representative.
Which route applies turns on your facts, so ask a California probate attorney or the court’s Self-Help Center. Court staff cannot give legal advice.
Court tools for Los Angeles probate cases
- Probate Notes: the court publishes notes on a case that you can look up with the case number.
- E-filing: the court lets you create and submit a probate filing online.
- Case calendar and summary: you can view up to 14 days of the court calendar and get a case summary with the case number.
- Local rules: Chapter Four of the court’s rules is the Probate Division rules, covering pleadings, orders and petitions.
- Court appointed counsel: in some probate matters the court appoints a private attorney, typically to represent the subject of the case.
Real property in an estate is valued by a court-appointed probate referee, and the personal representative files an inventory and appraisal. Ask your attorney how the timeline works for your estate.
How to sell a house in Los Angeles County after a death
- Confirm who has authority. That may be a court-appointed personal representative, a trustee, or a surviving spouse. Do not sign a sale contract until you know.
- Check taxes owed. Delinquent property taxes stay with the house. See our Los Angeles County property tax guide.
- Ask about court approval. Whether a sale needs court approval depends on the powers the court gave the personal representative, so ask your probate attorney.
- Plan the deed and tax reports. Our Los Angeles County recorder and deed transfer guide covers recording and transfer tax.
- Get a cash offer. A cash buyer can close on a date that fits the court schedule. See how we buy houses in Los Angeles.
Inherited a Los Angeles County house and not sure where to start? Call (424) 435-2326 or request a cash offer. There is no cost and no obligation.
Los Angeles County probate FAQ
Which court handles probate in Los Angeles County?
The Superior Court of California, County of Los Angeles. Its probate pages cover estates, trusts and conservatorships, plus self-help resources.
Can a small estate avoid probate in Los Angeles County?
Yes for qualifying personal property under Probate Code section 13100. A house needs a different route, such as the small-value real property affidavit or a court petition.
What is the small-value real property limit?
$69,625 in gross value for a death on or after April 1, 2025, with a six-month wait, according to the statewide figures the Orange County court publishes.
What are letters in a probate case?
Letters are the court document that establishes a personal representative’s authority to act for the estate.
Can I sell the house while probate is open?
Often yes, once the person selling has legal authority, and sometimes with court approval. Ask a California probate attorney which applies to you.
Sources
- Superior Court of Los Angeles County: Glossary of Commonly Used Probate Terms
- Superior Court of Los Angeles County: Chapter Four, Probate Division Rules
- Superior Court of California, County of Orange: Simplified Probate Procedures (statewide limits)
This guide is general information, not legal advice. Limits and procedures change; confirm with the Los Angeles Superior Court or a California probate attorney.
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