2026-11-04 · 4 min read · Orange County
What Is a Notice of Proposed Action in a California Probate Sale?
The short answer
What is a Notice of Proposed Action in a California probate sale? It's a written notice, usually on Judicial Council form DE-165, that the executor or administrator sends to heirs and other people entitled to notice before taking certain actions, such as selling the house under full authority. It must be mailed or personally delivered at least 15 days before the date in the notice. If no one objects in time, the sale can usually move forward without a court confirmation hearing.
What Does a Notice of Proposed Action Do?
What is a Notice of Proposed Action in a California probate sale, and why does it matter for your family's house? It tells the people with an interest in the estate exactly what the personal representative plans to do, and gives them a chance to agree or object before it happens.
I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. Understanding this notice helps a family know what to expect once an offer is accepted.
California's court self-help center explains that personal representatives use form DE-165 to tell interested persons about actions they plan to take, and recipients use the same form to object or consent.
This article is general information, not legal advice. Please work with a probate attorney on your family's estate.
When Is It Used for a Home Sale?
It's used when the personal representative has full authority under the Independent Administration of Estates Act. The Orange County Superior Court's self-help page explains that with full authority, selling real property requires a notice, not a court hearing. With limited authority, Probate Code Section 10501 requires court supervision to sell real property.
My article on full authority versus limited authority explains how to find your level on the Letters or Order for Probate.
Who Receives the Notice?
The Orange County Superior Court lists who must receive it:
- Devisees named in the will whose interest would be affected, if there is a will.
- Heirs, if there is no will.
- Anyone who filed a Request for Special Notice.
- The Attorney General, if any part of the estate will go to the State of California and its interest is affected.
The court also notes that the personal representative can't mail or deliver the notice personally. Someone else must do it, with a proof of service.
How Does the 15-Day Rule Work?
Probate Code Section 10586 requires the notice to be mailed or personally delivered at least 15 days before the date specified in it. The Orange County Superior Court adds a few practical points:
- Pick a date that gives everyone enough time.
- Attach the sale contract. The court says to attach a copy of the purchase agreement being signed.
- Wait for the date before completing the transaction.
- Consents shorten the wait. If everyone entitled to notice signs a consent or a waiver, you don't have to wait out the full period.
A person can sign a Waiver of Notice on form DE-166, either for one transaction or for all actions requiring notice.
What Happens if Someone Objects?
Probate Code Section 10587 says a person can object using the Judicial Council form or any other writing that identifies the proposed action with reasonable certainty and says they object. The Orange County Superior Court says the objection must be received by the later of the date in the notice or the date the action is actually taken. An objector may also ask the court for a restraining order.
Under Probate Code Section 10589, if a timely objection is made, the representative can only go forward under court supervision. In a home sale, that usually means a confirmation hearing where other buyers can overbid. My article on court confirmation in a probate sale explains that hearing.
What if No One Objects?
Probate Code Section 10590 says a person who received notice and didn't object, or who consented or waived notice, generally can't later ask the court to review the action. That's why the notice matters. It gives each heir a clear moment to speak up.
When everyone understands the price, the buyer and the timing before the notice goes out, the process is usually calmer.
Let's Start With a Conversation
If your family is settling an estate and the house is part of it, I'd be glad to help you plan the sale alongside your probate attorney. Let's start with a private planning conversation with your family about your goals and timeline. You can also visit my probate sales page. Call or text me at 714.366.8575 | DRE: 01397168, or contact me. Jeanette Nelson is a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas.
Frequently asked questions
How long does the notice period last?
The notice must be mailed or personally delivered at least 15 days before the date in it, under Probate Code Section 10586. Signed consents or waivers from everyone can shorten the wait.
Can the executor mail the notice personally?
No. The Orange County Superior Court says someone else must mail or deliver it, with a proof of service.
What if a sibling objects to the sale?
A timely objection means the sale can only go forward under court supervision, under Probate Code Section 10589.
Do we need a Notice of Proposed Action with limited authority?
With limited authority, the sale goes through court supervision instead, including a confirmation hearing. Your attorney will guide the steps.