8 Probate Terms Every Solano County Family Should Know
- Allison Costelow
- Aug 5
- 5 min read
Probate comes with its own vocabulary — and most Solano County families hear these words for the first time while they're also grieving. Terms like Letters Testamentary, Referee, IAEA, and Confirmation Hearing will come up in your first meeting with an estate attorney, your conversations with the title company, and the paperwork the court sends you. Knowing what they mean before you walk in the room makes the process feel less like a foreign language and more like a checklist you can actually follow.
Probate has its own vocabulary, and most Solano County families hear these words for the first time while they're also grieving a parent or grandparent. If you're getting ready to sell an inherited house in Benicia, Vallejo, Fairfield, Vacaville, Dixon, or Suisun City, here are eight probate terms worth learning before your first meeting with an estate attorney, so the paperwork feels less like a foreign language and more like a checklist you can follow from start to finish.
Why These Words Matter More Than You'd Expect
A probate sale in California runs through the Superior Court, and the clerk's office, your attorney, and the title company will all use these words as though you already know them. Understanding them upfront saves you from asking the same question three times, and it helps you notice when your own case looks different from what you read online. I spent close to ten years as a Certified Nursing Assistant before I became a REALTOR, and I've sat with enough families during hard weeks to know that plain language matters more than most people admit.
8 Probate Terms Every Solano County Family Should Know
1. Probate
Probate is the court process that transfers a deceased person's property to their heirs or beneficiaries. In California, it runs through the Superior Court in the county where the person lived, and for a typical estate that includes real property, the process often takes 9 to 18 months from start to finish.
2. Executor
An executor is the person named in a will to carry out its instructions. The job includes gathering assets, paying debts, filing final tax returns, and distributing what remains to the beneficiaries named in the will.
3. Administrator
An administrator handles the same responsibilities as an executor, but steps in when there's no will, or when the named executor can't or won't serve. The court typically appoints the closest willing relative to take on the role.
4. Letters Testamentary
Letters testamentary are the document the court issues once a judge has reviewed the will and signed the order for probate, confirming the executor's authority to act. Title companies, banks, and I will all ask to see this document before we can move forward on a sale.
5. Letters of Administration
Letters of administration serve the same purpose for an administrator, issued when there's no will to name an executor. Both documents come from the same state form, Judicial Council form DE-150.
6. Intestate
Intestate simply means someone died without a valid will. When that happens, California's intestate succession laws decide who inherits, following an order set by state law rather than by the person's own wishes.
7. Petition for Probate
A petition for probate, filed on form DE-111 with the Superior Court, is what opens the case. It asks the judge to admit the will if there is one, appoint an executor or administrator, and set a hearing date, which typically lands 4 to 8 weeks after filing. You can find the official forms on the California Courts self-help site.
8. Court Confirmation
Court confirmation is a hearing required for many probate home sales in California, where a judge confirms the accepted offer in open court and allows other qualified buyers to overbid in increments of $5,000. Not every probate sale needs this step. Whether yours does depends on the authority granted in the will or by the court, which is a question for your estate attorney.
A Few Quick Questions
Do I need an attorney to sell a house in probate?
In most California probate cases, yes. An estate attorney handles the court filings and can tell you whether your case needs a confirmation hearing. I work alongside your attorney on the real estate side of things, but I'm not able to give legal advice myself.
How long does probate take in Solano County?
It depends on the estate, but a straightforward case with one property and no disagreements among heirs often runs 9 to 12 months from the petition for probate to final distribution. Estates with disputes or multiple properties can take considerably longer.
Can I sell the house before probate closes?
Often, yes. Many probate sales close well before the estate is fully settled, especially once the executor or administrator holds letters testamentary or letters of administration. Your attorney can confirm what your specific letters allow in your case.
None of this is meant to replace a conversation with your estate attorney, and I'd rather you ask them the same question twice than guess on your own. What I can do is walk the real estate side of this next to you — from the first phone call through closing day, with the same patience I learned sitting bedside with families long before I sold my first house.
That's what Legacy and Lifestyle Homes is built around. Every week, I work with seniors and their families at exactly this crossroads — helping them understand what the home means financially, what their real options are, and how to make a decision that honors everyone involved without leaving anything on the table. The probate vocabulary is just the beginning. The part that matters is having someone in your corner who knows both the legal landscape and the local market, and who isn't going to rush you toward a decision before you're ready.
If you're just starting to explore or you already have a decision in front of you — start with a conversation.
📞 (707) 813-1643 — call or text anytime
And if you want more practical guidance for wherever you are in this journey — follow along on Facebook and Instagram for weekly tips, local resources, and real talk about senior real estate in Solano County.
This article is for general information only and is not legal, tax, or financial advice. I am a licensed California real estate agent, not an attorney. Probate and trust matters involve legal steps that vary by situation and by court. Please talk with a licensed estate attorney, a tax professional, and the probate court before making decisions about an inherited property.
Allison Costelow is a REALTOR with Legacy & Lifestyle Homes powered by RE/MAX Gold in Benicia, California, and a former Certified Nursing Assistant who now helps Solano County families through senior downsizing, probate, and trust home sales. California DRE #02134647. Equal Housing Opportunity.
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