How do you sell a house held in a trust in California?
By Sam Yusufi, Certified Probate & Trust SpecialistUpdated
The successor trustee named in the trust usually sells it without going to court. Before listing, the trustee needs proof of authority in place, often a Certification of Trust, and must follow the trust's terms. California also requires the trustee to notify beneficiaries and heirs within 60 days after the trust becomes irrevocable.
Who's in charge
When the person who created the trust passes, the successor trustee named in the trust takes over. The trustee follows the trust document, not the probate court.
Paperwork comes first
Before the home is listed, the trustee needs proof of their authority. That proof is often a short document called a Certification of Trust, which confirms the trustee's power without sharing the whole trust.
Notice to the family
When a trust becomes irrevocable at death, California requires the trustee to send a formal notice to beneficiaries and heirs within 60 days. The attorney usually handles this, but it's part of the timeline.
A real responsibility
A trustee has a fiduciary duty to every beneficiary. In plain English: decisions about the house have to be fair to everyone the trust names, not just the trustee.
- No court hearing
- No 15-day notice before a sale
- No overbid process
- A faster timeline overall
- Trustee paperwork in place first
- Following the trust's terms
- Keeping beneficiaries informed
- Agreement among beneficiaries