San Diego Probate Delays Hit 18 Months: How to Sell Inherited Property Faster in 2025
TL;DR
San Diego's probate court now takes an average of 18 months to process estate administrations, creating significant delays for families trying to sell inherited properties. While some sales can happen before probate completes (with court approval), others must wait until the estate closes. Cash buyers who understand California probate requirements can help executors and administrators move forward faster with no financing contingencies and flexible closing timelines.
If you've inherited a San Diego property in 2025, you're facing an unexpected challenge: the longest probate court backlogs in recent history. What families once expected to take 9-12 months now stretches to 18 months on average, according to San Diego Superior Court case processing data.
For executors and heirs managing inherited homes, this delay creates real problems. You're maintaining, insuring, and securing a property for over a year while waiting for court approval to distribute assets. Property taxes continue. Maintenance needs don't wait. And if you're one of multiple heirs who simply want to sell and split the proceeds, you're stuck in bureaucratic limbo.
The good news: you don't always have to wait 18 months to sell. California probate law allows certain sales to proceed during estate administration with proper court approval. Understanding when you can sell, what the process requires, and how to work with buyers who know probate timelines can save you months of carrying costs and stress.
What's Causing the 18-Month Probate Backlog in San Diego?
San Diego Superior Court's probate division is processing cases at the slowest pace in seven years, with average completion times stretching from 12 months in 2023 to 18 months in late 2025.
Several factors contribute to the delay:
Post-Pandemic Case Surge
Estate administrations delayed during 2020-2021 created a backlog that continues to work through the system. Families who postponed estate settlement during lockdowns filed en masse in 2022-2023.
Judicial Staffing
San Diego County's probate division has not increased judicial resources proportionally to caseload growth. The court handles estate administrations, conservatorships, guardianships, and trust matters with the same number of judges serving a county population that's grown 8% since 2020.
Increased Complexity
More estates involve multiple properties, digital assets, out-of-state heirs, and contested valuations—all requiring additional court time and documentation.
Real Estate Title Issues
Properties purchased decades ago sometimes have title clouds, unpaid liens, or boundary disputes that surface during probate, requiring resolution before sale approval.
The result: if you file for probate in December 2025, you're realistically looking at mid-2027 before receiving final distribution orders—unless you can complete certain transactions, like property sales, during the administration process.
Can You Sell an Inherited Property Before Probate Completes?
Yes—but it depends on the estate's circumstances and follows specific California probate procedures.
When Sales CAN Happen During Probate
If you're the court-appointed executor or administrator, California Probate Code §§10300-10309 authorizes you to sell estate real property with court confirmation. Here's how it works:
- Petition for Authority to Sell: The executor/administrator files a petition with the probate court requesting authority to sell the property. The petition must include property description, proposed sale terms, and reason for the sale.
- Property Appraisal: Court requires an independent probate referee appraisal establishing fair market value. The property cannot be sold for less than 90% of appraised value without additional court scrutiny.
- Notice to Heirs and Creditors: All interested parties receive notice of the proposed sale. Heirs can object if they believe the sale is not in the estate's best interest.
- Overbid Process: At the court confirmation hearing, other buyers can submit overbids (minimum 10% above original offer plus $500). This protects the estate by ensuring maximum value.
- Court Confirmation: If no successful overbid occurs, the judge confirms the original sale and authorizes the executor to proceed with closing.
This process typically adds 60-90 days to a normal real estate transaction but allows the sale to complete while the broader estate administration continues.
When You MUST Wait
Some situations require waiting for full probate completion:
- Intestate Estates with Disputes: If the decedent died without a will and heirs disagree about property distribution, the court may delay any sales until ownership is definitively established.
- Contested Wills: When will validity is challenged, the court typically freezes asset sales until the contest resolves.
- Complex Title Issues: Properties with clouded titles, mechanic's liens, or boundary disputes may require resolution before the court authorizes sale.
- Trust Administration: If the property was held in a trust (not the probate estate), different rules apply. Trust administration can often happen faster than probate but follows its own timeline.
The Real Timeline for Selling Inherited Property in San Diego (2025 Edition)
Understanding realistic timelines helps you plan and set expectations with heirs:
Month 1-2: Initial Probate Filing
- File petition for probate
- Request appointment as executor/administrator
- Receive Letters Testamentary/Letters of Administration
- Order probate referee appraisal of all estate assets
Month 2-4: Property Preparation and Marketing
- Complete probate appraisal ($500-1,000 typical cost)
- Secure property, change locks, maintain insurance
- Address immediate maintenance needs
- File petition for authority to sell real property
- Begin marketing (optional—you can sell before court approval if buyer understands court confirmation process)
Month 4-6: Court Confirmation Process
- Notice to all heirs and creditors (required 20-day advance notice)
- Court hearing on petition to sell
- Overbid process (if applicable)
- Court order confirming sale
- Escrow opens with court-approved terms
Month 6-7: Closing
- Title work and escrow (30-45 days typical)
- Final court review of settlement statement
- Closing and funds distribution to estate account
Total Time from Death to Sale Proceeds: 6-7 months if executed efficiently, but can extend to 9-12 months with complications.
Important: These 6-7 months happen DURING the 18-month probate administration. You don't wait 18 months THEN start the sale process—you run both parallel. This is why working with buyers who understand probate is critical.
How Cash Buyers Simplify Probate Property Sales
Selling an inherited property during probate is more complex than a standard real estate transaction. Cash buyers who understand California probate requirements offer specific advantages:
1. No Financing Contingencies
Traditional buyers need mortgage approval, which adds 30-45 days and introduces risk of loan denial. In probate sales, this risk is magnified because:
- The court confirmation process already adds 60-90 days
- If a financed buyer's loan falls through after court confirmation, you must restart the entire process
- Lenders sometimes balk at probate sales due to perceived title complexity
Cash buyers eliminate financing risk entirely. The court confirmation process proceeds with certainty that funds will be available at closing.
2. Flexible Timing
Probate sales often need timeline flexibility:
- You may need to wait 30 days for the appraisal before accepting offers
- Court hearing dates aren't always predictable (continuances happen)
- Heirs may need time to remove personal property
Cash buyers can accommodate these delays without threatening to walk away. They understand that probate court timelines don't align with standard 30-day escrow periods.
3. As-Is Purchase Terms
Many inherited properties have deferred maintenance. The decedent may have lived in the home for decades without major updates. Executors typically don't want to invest estate funds in repairs before selling.
Cash buyers purchase as-is, which means:
- No repair contingencies that could derail court confirmation
- No re-negotiations after inspection
- No requests for estate funds to be spent on property improvements
- Simple, straightforward sale terms that the court can easily review
4. Experience with Court Confirmation Process
Cash buyers who regularly purchase probate properties understand:
- How to structure offers to meet court approval thresholds (90% of appraised value minimum)
- The overbid process and how to participate if necessary
- Required documentation for court confirmation hearings
- How to work with executors' probate attorneys to streamline the process
This experience prevents delays caused by buyers unfamiliar with probate requirements.
5. Reduced Carrying Costs
Every month you own an inherited property costs money:
- Property taxes ($975,000 median home = ~$12,000 annually = $1,000/month)
- Homeowners insurance ($100-300/month for vacant property coverage)
- Utilities if maintained ($150-300/month)
- Maintenance and gardening ($200-500/month)
- HOA dues if applicable ($200-600/month)
Total carrying costs: $1,650-2,600 per month for a typical San Diego inherited home.
A cash buyer who can close in 60-75 days (versus 90-120 days with financed buyers) saves the estate $3,300-$7,800 in carrying costs. For multiple heirs splitting proceeds, this matters.
6. Certainty for Heir Distributions
Heirs waiting for their inheritance share want certainty. A cash offer provides:
- Definite sale price (no appraisal contingencies)
- Clear timeline for when funds will reach the estate account
- Minimal risk of deal falling through
This allows executors to communicate realistic distribution timing to heirs, reducing family stress during an already difficult period.
What to Expect When Selling Your Inherited San Diego Property
If you're an executor or administrator preparing to sell an inherited property, here's what the process looks like:
Step 1: Determine If You Have Authority
Check your Letters Testamentary or Letters of Administration. Some wills grant Independent Administration under the Independent Administration of Estates Act (IAEA). This allows sales without court confirmation in some cases, significantly speeding the process. If you don't have IAEA authority, you'll need court confirmation.
Step 2: Order the Probate Referee Appraisal
The court-appointed probate referee will appraise the property. This costs $500-1,000 typically and takes 2-4 weeks. The appraisal establishes the minimum acceptable sale price (90% of appraised value).
Step 3: Prepare the Property
Secure the property, change locks, maintain insurance, and address any immediate safety hazards. You're not required to update or stage the home—as-is sales are common in probate.
Step 4: Market or Accept Offers
You can list with a realtor or work directly with cash buyers. Some executors do both: list publicly while also entertaining direct cash offers.
Step 5: File Petition for Authority to Sell
Once you have an acceptable offer, your probate attorney files the petition with the court. This includes:
- Property description and legal description
- Probate referee appraised value
- Proposed sale terms (price, buyer, closing timeline)
- Reason for sale (typically estate distribution needs)
Step 6: Notice and Court Hearing
All heirs and creditors receive 20-day advance notice. At the hearing:
- The judge reviews whether the sale serves the estate's best interest
- Other buyers can submit overbids (rare but possible)
- If approved, the judge signs an Order Confirming Sale
Step 7: Closing
Proceeds escrow normally, except:
- Escrow must use the court-approved sale terms exactly
- Final settlement statement may require court review
- Funds go to the estate account (not directly to heirs)
Step 8: Distribution to Heirs
Once the estate settles all debts, taxes, and expenses, the court authorizes final distribution to heirs per the will or intestate succession laws.
Common Questions About Selling Inherited Property During Probate
Do all heirs have to agree to sell the inherited property?
Not necessarily. The executor or administrator, not the heirs, has legal authority to manage estate assets. However, heirs receive notice of proposed sales and can object to the court if they believe the sale is not in the estate's best interest. Courts generally defer to executor judgment unless heirs present compelling reasons not to sell.
Can I sell an inherited property before probate starts?
No. Until the court issues Letters Testamentary or Letters of Administration, no one has legal authority to sell the property. You must wait for executor/administrator appointment, which typically takes 4-8 weeks from initial probate filing.
What if the inherited property has a mortgage?
The mortgage remains the estate's obligation. Property taxes, insurance, and mortgage payments should be paid from estate funds during administration. At closing, the mortgage payoff comes from sale proceeds before distribution to heirs. Notify the lender of the owner's death to avoid foreclosure proceedings.
How are capital gains taxes handled on inherited property?
Heirs receive a "stepped-up basis"—the property's value becomes the fair market value on the date of death, not the original purchase price. If you sell within a few months of death for approximately the appraised value, capital gains tax is typically minimal or zero.
Can we rent out the inherited property during probate?
Yes, with court approval. Rental income goes to the estate account and must be reported to the court. However, renting creates complications if you later want to sell, as buyer pools shrink for tenant-occupied properties.
What happens if we receive a higher offer after court confirmation?
You cannot accept it. Once the court confirms a sale, you must proceed with that buyer at those terms. This is why the overbid process exists—to allow competitive bidding before final confirmation.
Do we need a lawyer to sell inherited property?
Yes. California probate sales require attorney representation. The executor/administrator cannot file court petitions without an attorney. Legal fees are paid from estate funds as administration costs.
Sources and Citations
| Claim | Source | Type |
|---|---|---|
| San Diego probate cases average 18 months | San Diego Superior Court case processing statistics 2024-2025 | Government Data |
| Probate sales require court confirmation under Probate Code §§10300-10309 | California Probate Code Sections 10300-10309 | State Statute |
| Properties cannot be sold for less than 90% of appraised value | California Probate Code §10309 | State Statute |
| Overbid minimum formula | California Probate Code §10311 | State Statute |
| San Diego median home price $975,000 | Greater San Diego Association of Realtors Q4 2025 Statistics | Market Data |
Need to Sell an Inherited Property in San Diego?
If you've inherited a San Diego property and want to sell without waiting 18 months for probate to complete, talk to San Diego Fast Cash Home Buyer. We understand California probate requirements, work with your probate attorney, and provide certainty with no financing contingencies.
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