How long does probate take in San Diego?

Probate in San Diego typically takes 9–18 months from the date of death to final distribution. The timeline depends on the complexity of the estate, whether the personal representative has full or limited authority under IAEA, and whether there are disputes among heirs or creditors. Trust sales bypass probate entirely and can close in 3–6 months.

What is the difference between a probate sale and a regular home sale in San Diego?

A probate sale involves additional legal steps: the personal representative must be appointed by the court, and depending on the authority granted, the sale may require court confirmation. Court-confirmation probate sales are subject to overbidding at a court hearing, where competing buyers can bid above the accepted offer. Full-authority probate sales under IAEA proceed more like standard sales without court confirmation.

Do probate homes sell for less in San Diego?

Probate homes can sell below market value when sold as-is to investors, but well-prepared probate homes in San Diego's coastal market often sell at or near market value. The key factors are the condition of the property, whether the personal representative invests in preparation and staging, and whether the sale is a full-authority sale (market-priced) or a court-confirmation sale (must list at 90%+ of appraised value).

Can I buy a probate home with a VA loan in San Diego?

Yes, you can purchase a probate home with a VA loan in San Diego, but the property must meet VA minimum property requirements (MPRs). Probate homes sold as-is may have condition issues that fail VA inspection. The personal representative may be unwilling to make repairs, so buyers using VA loans should carefully evaluate the property's condition before making an offer on a probate sale.

What is an overbid at a probate court confirmation hearing?

When a probate sale requires court confirmation, the accepted offer is presented to the San Diego Superior Court at a hearing. Any interested buyer can appear and submit a higher bid (overbid). The overbid must be at least 5% plus $500 above the accepted offer price. If an overbid is submitted, the court conducts an auction-style bidding process until the highest bid is accepted. This is why investors and buyers of court-confirmation probate properties often attend the hearing prepared to bid.

How do I find probate homes for sale in San Diego before they hit the MLS?

Probate filings are public records in San Diego County. You can search the San Diego Superior Court's online case management system for probate cases, or work with a real estate agent who monitors probate filings and has relationships with probate attorneys and estate administrators. Many probate properties are sold off-market or listed briefly before receiving multiple offers.

San Diego Probate Real Estate: The Complete 2026 Guide