California: How to Be Appointed as a Limited Personal Representative to Run Creditor Notice and Sell Real Property | California Probate | FastCounsel
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California: How to Be Appointed as a Limited Personal Representative to Run Creditor Notice and Sell Real Property

August 18, 2025 7 min read

Detailed Answer

Short answer: In California, the simple small‑estate affidavit process (used under California Probate Code §13100) only applies to collecting certain personal property and generally cannot be used to transfer or sell real property. To sell real property owned by a decedent you normally must be appointed by the probate court as a personal representative (sometimes called a limited personal representative or executor/administrator with authority to sell). Below are the practical steps you will usually follow, what to expect from the court, and resources to help you complete each step.

Key legal reference

Small‑estate affidavits for collecting personal property: Cal. Probate Code §13100. For broader probate rules and procedures, see the California Probate Code index: https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROB. For court forms and local filing rules, see the Judicial Council and California Courts probate self‑help pages: https://www.courts.ca.gov/selfhelp‑probate.htm and https://www.courts.ca.gov/forms.htm?filter=probate.

Why the small‑estate affidavit usually won’t let you sell real property

The statutory small‑estate affidavit in California is designed so that a third party (bank, brokerage, etc.) can release personal property to an heir or creditor when the decedent’s personal property total is beneath a statutory dollar limit. That procedure generally does not create title in the transferee for real property and does not give someone the court‑granted authority to list, escrow, and sell real estate. For real property, courts normally require formal probate authority (Letters) or another transfer mechanism (trust, transfer on death deed, joint tenancy, etc.).

Typical step‑by‑step process to become a limited personal representative so you can run a notice to creditors and sell real property

  1. Confirm how title passes: Check whether the real property already passes outside probate (living trust, joint tenancy, transfer‑on‑death deed). If so, probate may not be needed. If title does not pass outside probate, proceed with probate steps.
  2. Gather documents and information: death certificate; decedent’s will (if any); property deed(s); mortgage/loan information; beneficiary designations; bank statements; list of known creditors; names and addresses of heirs and potential heirs; estimated values of assets and liabilities. This information is required for court filings and for creditor notice.
  3. Decide what appointment you will seek: If your only goal is to sell a single parcel, you can ask the court to appoint you as a limited personal representative (sometimes called limited Letters) for the specific purpose of selling the property. If the estate has broader administration needs, you may seek full appointment as personal representative (executor/administrator).
  4. Prepare and file a petition in probate court: File the appropriate probate petition in the superior court of the county where the decedent lived (for example, Petition for Probate and for Letters — use the local probate petition form or Judicial Council forms). The petition asks the court to appoint you and to grant the authority you need to sell the property. Include a copy of the death certificate, the will (if any), a property description, and a proposed order granting limited authority to sell if that is what you request.
  5. Give required notice: The court will require notice to certain relatives and interested parties and may require publication. The court clerk will provide local rules for whom to serve and how to publish. If you are appointed, you will also be required to give notice to creditors (see next step).
  6. Run notice to creditors once appointed: After appointment you may need to publish a creditor notice in a local newspaper (the court will direct how and where). Known creditors should be mailed individual notices. In many California probate matters, the published notice starts the statutory period during which creditors can file claims. Exact publication and mailing procedures vary by county and by type of appointment; follow the court’s directions and local rules. (If the estate qualifies only for a small‑estate affidavit for personal property, the creditor notice procedure differs and you should consult the text of Cal. Probate Code §13100 and the court.)
  7. Obtain Letters and authority to sell: If the court grants your petition, it will issue Letters (Letters of Administration, or Letters Testamentary/limited Letters) that formally authorize you to act. The Letters will specify whether you have authority to sell real property and whether prior court confirmation of the sale is required. If the Letters do not automatically allow a sale, you can ask the court for an order authorizing sale, usually signed after notice to heirs and creditors and sometimes after a hearing.
  8. Complete the sale (listing, escrow, and court confirmation if required): With authority you can list the property, open escrow, and accept offers. Some sales by personal representatives require court confirmation (notice to interested parties, court hearing, possible overbid procedure). Other sales are allowed by the personal representative under statutory authority without confirmation — check the Letters and ask the court clerk or an attorney if confirmation is needed.
  9. Pay debts and distribute proceeds: Use estate proceeds to pay valid creditor claims, expenses, liens (including mortgages), and costs of sale. After creditor claims run and are resolved, distribute remaining proceeds to heirs or beneficiaries as directed by the will or California intestacy law.
  10. Close the estate: File the required accountings and petitions to settle and close the estate or file a petition for final distribution as required by local practice and the court.

Practical timeframes and costs (general guidance)

  • Filing and appointment: a few weeks to a few months depending on court backlog and whether notice periods require hearings.
  • Creditor claim period: the published notice period typically creates a window for creditor claims; local practice commonly provides a four‑month period from first publication for unsecured creditors to file claims, but exact timing and rules vary and you should confirm with the court clerk.
  • Fees and bonds: expect court filing fees, costs for publication, possible court‑required bond (which you can sometimes waive if the will or heirs agree), and attorney fees if you retain counsel.

When small‑estate procedures might still help

If the decedent’s only assets are personal property under the statutory small‑estate threshold, a small‑estate affidavit under Probate Code §13100 can transfer those personal assets without formal probate. But because that procedure generally doesn’t clear title to real property or give the power to sell real property, it rarely substitutes for probate when a house must be sold.

Where to get the right forms and local instructions

Disclaimer

This article is for general informational purposes only and is not legal advice. I am not a lawyer. The rules and procedures described above are subject to change and can vary by county and by the unique facts of an estate. For actions that affect legal rights (running creditor notices, selling real property, or filing probate petitions) consult a licensed California probate attorney or the probate court clerk for your county before filing documents or taking steps that affect title or creditor rights.

Helpful Hints

  • Before filing anything, check title documents and beneficiary designations — many transfers happen outside probate.
  • Contact the probate court clerk in the county where the decedent lived. Clerks can confirm local filing requirements and provide form numbers and publication instructions.
  • Use the Judicial Council probate forms (available online) to prepare petitions and notices. Courts often reject incomplete filings.
  • When asking for authority to sell, be explicit in your petition about the property (APN/address), estimated value, liens, and proposed sale procedure (with or without court confirmation).
  • Keep careful records and copies of all mailed notices and publication affidavits — the court will require proof of proper notice.
  • Consider hiring a probate attorney if the estate has significant debts, complex title issues, potential disputes among heirs, or when court confirmation of sale will be needed.
  • Plan for time in escrow to clear title defects (unpaid taxes, HOA charges, or unresolved liens) before closing a sale.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.