Selling Trust Property
A living trust usually avoids probate — but the successor trustee still carries real duties when selling the home.
The successor trustee's role
When the person who created the trust dies or becomes incapacitated, the successor trustee takes over. You have authority to sell under the trust document — no court hearing is normally required — but you owe beneficiaries duties of loyalty, prudence, and impartiality.
Before you list
- Confirm title is held in the trust's name.
- Serve the notice required by Probate Code §16061.7 to beneficiaries and heirs.
- Obtain a date-of-death appraisal for tax basis purposes.
- Record an affidavit of death of trustee, typically with your attorney's help.
Timelines and process
Without court involvement, a trust sale can close on a conventional timeline — often 30 to 45 days from accepted offer. Clear communication with beneficiaries throughout is the best protection against later disputes.
Tenant-occupied trust property
Leases remain in force and local rent rules apply. We help you weigh selling with the tenant in place against a negotiated vacancy.
Talk through your situation, confidentially.
A consultation is free and carries no obligation. We will explain where you are in the process and what comes next.