Selling a house during probate: when you need court approval

General information, not legal, tax or financial advice. Last reviewed Oct 31, 2026.

Quick answerOften you can sell without a judge signing off, but it depends on the state and the will. If the will gives the executor a power of sale, Texas, Florida and Ohio generally don’t require a court order, and Texas independent executors don’t need one either. New Hampshire lets the executor sell with the written consent of the surviving spouse and heirs. California requires court confirmation at no less than 90% of the appraised value unless the executor has full independent administration authority, in which case the executor gives notice of the proposed sale instead.

Step by step

Get appointed as executor or administrator and get certified letters.
Read the will for a power of sale.
Check your state’s route (table below): power of sale, consent of heirs, independent administration, or a court order.
Get a value. Some routes need an appraisal or a minimum price.
Deal with the mortgage and keep the house insured and maintained. See inheriting a house with a mortgage.
Close the sale and hold the money in the estate account until debts, taxes and distributions are sorted out.

Pilot statesState law

State	Without a court order	Court route
New Hampshire	Unless the will says otherwise, the executor or administrator may sell with the written consent of the surviving spouse and the heirs or devisees (or their guardians). The judge may appoint a guardian ad litem for heirs who are under a disability, missing or unknown.	The judge may grant a license to sell real estate when personal property isn’t enough to pay the estate’s debts.
California	With full authority under the Independent Administration of Estates Act, the personal representative may sell real property after giving a notice of proposed action. Court confirmation requirements, including the 90% rule, don’t apply.	A private sale confirmed by the court needs an appraisal within one year of the hearing and an offer of at least 90% of the appraised value.
Texas	An independent executor has the same power of sale as a supervised representative but without court approval. A will that authorizes a sale also removes the need for an order.	In a supervised (dependent) administration, estate property generally can’t be sold without a court order, for example to pay debts or when a sale is in the estate’s best interest.
Florida	If the will gives a specific or general power of sale, the personal representative may sell without court authorization or confirmation.	Otherwise the personal representative may sell if it’s in the estate’s best interest, but title doesn’t pass until the court authorizes or confirms the sale. Protected homestead is handled differently.
Ohio	If the will authorizes a sale, no probate court order is needed. Or, if the surviving spouse and all heirs or beneficiaries consent in writing (filed with the court) and none is a minor, the executor may sell for at least 80% of the appraised value.	Otherwise land sales follow the court procedure in Ohio Rev. Code ch. 2127.

Sale with written consent; guardian ad litem. Source: RSA 559:18, checked Oct 31, 2026.
License to sell when personal property is insufficient. Source: RSA 559:1, checked Oct 31, 2026.
Full authority includes selling real property after notice of proposed action. Source: Cal. Prob. Code § 10511, checked Oct 31, 2026.
Confirmation requirements don’t apply under independent administration. Source: Cal. Prob. Code § 10503, checked Oct 31, 2026.
Appraisal within one year; 90% minimum. Source: Cal. Prob. Code § 10309, checked Oct 31, 2026.
Independent executors act without court approval; power of sale. Source: Tex. Estates Code §§ 402.002, 402.052, checked Oct 31, 2026.
Court order generally required; sale authorized by will; grounds. Source: Tex. Estates Code §§ 356.001, 356.002, 356.251, checked Oct 31, 2026.
Power of sale vs court authorization or confirmation. Source: Fla. Stat. § 733.613, checked Oct 31, 2026.
Protected homestead excluded from the personal representative’s possession. Source: Fla. Stat. § 733.607, checked Oct 31, 2026.
No court order with a testamentary power of sale. Source: Ohio Rev. Code § 2113.39, checked Oct 31, 2026.
Sale by consent; 80% of appraised value; no minors. Source: Ohio Rev. Code § 2127.011, checked Oct 31, 2026.
Court procedure for land sales. Source: Ohio Rev. Code § 2127.01, checked Oct 31, 2026.

Federal tax notesFederal law

For capital gains on an inherited house, see Do you pay taxes on an inheritance? For estates with a federal estate tax lien, the IRS explains how to remove or discharge a federal estate tax lien when selling a deceased person’s real property.

Selling real property of a deceased person’s estate and estate tax liens. Source: IRS – Deceased person, checked Oct 31, 2026.

Not sure whether the house even needs probate? See when you need probate, NH · CA · TX · FL · OH and how to avoid probate.

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