Can a trustee sell a house without beneficiary approval?

A funded revocable living trust is not probate. The trustee’s power comes from the instrument and the Probate Code’s trust statutes, not from Letters. Many California trusts give the successor trustee a power of sale without a beneficiary vote.

That does not mean the trustee should blindside the family. Fiduciary duties of loyalty and communication still apply. It does mean a listing is not automatically illegal because a beneficiary is unhappy.

Problems arise when the trust is unfunded (title still in the decedent’s name), when co-trustees disagree, or when the instrument actually requires consent. Title will tell you quickly whether the trustee can convey. Have that conversation before photography.

Bill’s practice handles both probate sales and trust sales. The marketing looks similar; the paperwork does not. Telling a trustee they “need court confirmation” because the last file was a probate is how trust sales get delayed for no reason.