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Real estate support for trustees, executors and conservators
You are selling a house for someone else. Here is how to keep the sale defensible.
The short answer: if you are an executor, administrator, successor trustee or conservator, you are selling someone else’s house under a fiduciary duty. That means the price has to be defensible, the steps have to match your authority, and the file has to show how you got there. I am a probate and trust real estate broker in Los Angeles County, licensed since 1989 and a broker since 2005. I build the sale around your duties and your attorney’s advice.
Which role are you in?
| Your role | Where your authority comes from | Does the court confirm the sale? | Start here |
|---|---|---|---|
| Executor or administrator | Letters issued by the probate court | IS required under limited IAEA authority. MAY BE required under full authority, for example if someone objects to a Notice of Proposed Action. | Executor selling an inherited house |
| Successor trustee | The trust instrument (Probate Code §16200) | Not part of a normal trust sale. The house must actually be titled in the trust. | Successor trustee selling trust property |
| Conservator of the estate | Letters of conservatorship issued by the court | Court authorization or confirmation unless the court granted independent powers. Extra rules apply to the conservatee’s home (Probate Code §§2540, 2541.5, 2591(c)). | Selling a conservatee’s house |
| Professional fiduciary | Appointment as one of the roles above | Follows the role you were appointed to | Attorneys & fiduciaries |
What I do for fiduciaries
- A defensible starting number. A written opinion of value before the first cash caller sets the frame, plus a carrying-cost picture your attorney can use with the court or the beneficiaries.
- A sale that matches your authority. MLS remarks and contract terms written for the path you are on: full authority, limited authority with a confirmation hearing, a trust sale or a conservatorship sale.
- A marketing record. Comparable sales and the marketing history, so you can show beneficiaries and the court how the price was set.
- The house itself. Occupants, belongings, cleanouts, repairs, insurance and utilities on a vacant property, coordinated so you are not making every call.
- Overbid preparation. When the sale goes to a hearing, I keep marketing to likely overbidders and prepare the accepted buyer for the courtroom.
- Working with counsel. Timing around notices and court dates is set with the estate or trust attorney, not around a listing calendar.
Why the price record matters
A personal representative or trustee who accepts an untested private offer can face objections from heirs and beneficiaries. In one of my sales in Carson, the estate was handed a $465,000 cash offer. The house went on the open market instead and sold for $599,000, about $134,000 more. See verified sale results and the Carson case brief.
What I don’t do
I am a real estate broker. I am not an attorney and not a Probate Referee, and I do not perform the court’s Inventory and Appraisal (Form DE-160). Your attorney advises on authority, notices, court filings and taxes.
Start with a free property review
Send me the address and tell me your role. I will send you a free written opinion of value.
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Related: Attorneys & fiduciaries · Trust sales · Probate overbids · Probate real estate broker
About the author. Bill Gross, The LA Probate Expert, brokered by eXp Realty. Licensed since 1989, broker since 2005. Broker Associate and Beverly Hills Branch Manager, eXp Realty of California. Probate-focused broker for executors, administrators, trustees, conservators and estate attorneys in Los Angeles County. Host of Probate Weekly.
DRE #01022275. Brokerage: eXp Realty of California, Inc., DRE #01878277. 8383 Wilshire Blvd #800, Beverly Hills, CA 90211 · (310) 210-0008. Bill is a real estate broker, not an attorney and not a probate referee.
Educational only, not legal advice. California probate, trust and conservatorship matters are fact-specific. Confirm authority, court requirements, and tax consequences with the attorney and tax advisor.