Trust Sale Realtor® in Los Angeles: Selling a House Held in a Trust
Most trust sales never see a courtroom. They still have rules. Start here if you are a successor trustee, a beneficiary, or the trust attorney.
The short answer: a successor trustee in Los Angeles can usually sell a house held in a funded living trust without probate and without court confirmation, as long as the trust gives, or does not take away, the power to sell (Probate Code §§16200, 16226). The trustee still has fiduciary duties: serve the 60-day trustee’s notice (§16061.7), keep beneficiaries reasonably informed (§16060), get a fair price, and close into the trust account. A trust sale Realtor® plans the listing around those duties and the trust attorney’s advice.
Start with your situation
- I just became the successor trustee. Read what a successor trustee does first.
- I need to sell the house. Follow the 10 steps in successor trustee selling trust property in Los Angeles.
- A beneficiary objects or won’t answer. Read can a trustee sell without beneficiary approval? and what to do when heirs disagree.
- The house was never put in the trust. Read the section on unfunded houses below, then talk to the trust attorney.
- I’m not sure if it’s probate or trust. Read how a successor trustee sells trust property.
Trust sale vs. probate sale at a glance
| Funded living trust | Probate estate | |
|---|---|---|
| Authority | The trust instrument and Probate Code §16200 | Letters issued by the court (§8400) |
| Court confirmation | Not part of a normal trust sale | IS required under limited IAEA authority; MAY BE required under full authority |
| Overbids | No court overbid | Contract price + 5% + $500 at a confirmation hearing, with a 10% cashier’s check |
| Notice | Trustee’s notice within 60 days (§16061.7); duty to inform (§16060) | Notice of Proposed Action (DE-165) under full authority |
| Proof for escrow | Certification of trust (§18100.5), death certificate | Certified Letters; court order if confirmed |
What does a trust sale Realtor® do differently?
- Asks for the trust and every amendment before pricing, and confirms the deed shows the trustee as owner.
- Plans for co-trustees. Under Probate Code §15620, co-trustees act unanimously unless the trust says otherwise, so every co-trustee signs.
- Gets the certification of trust and the title officer’s list of requirements early, so documents are ready before an offer.
- Helps the trustee document the price, with comparable sales and the marketing record, because beneficiaries can ask how the price was set.
- Coordinates with the trust attorney on timing around the 120-day contest window in §16061.8, especially if anyone has threatened a contest.
- Handles the house itself: occupants, cleanouts, repairs, insurance and utilities on a vacant property.
What if the house was never put in the trust?
A trust only controls what it owns. If the last recorded deed is still in the decedent’s name, the trustee cannot sell the house as trust property yet. Counsel may use a petition under Probate Code §850, often called a Heggstad petition, or the house may need a probate case. Then the probate steps, including possible court confirmation, apply.
Can the trustee sell to a beneficiary?
Sometimes a beneficiary wants to buy the house. That can work, but it raises fair-price and conflict questions the trust attorney should review first. A trustee who is also a beneficiary and wants to buy the house should get legal advice before signing anything.
Related: Probate Realtor® · Executor selling an inherited house · Seller net proceeds calculator
Related Probate Weekly and Estate Planning Podcast episodes
- Activating a Trust Before You Sell the House, with Jennifer Sawday
- Post-Death Settlement Risk for Trustees, with Josh Yager
- Trust Litigation, Deeds and Heggstad Petitions, with Laura Zolnekoff
- Avoiding Probate with a Funded Trust, with Crista Hermance
- Professional Fiduciaries in Probate and Trust Administration, with Kevin Bemel
Frequently asked questions
Does a successor trustee need court approval to sell a house in California?
Usually not. If the house is titled in a funded living trust and the trust gives, or does not take away, the power to sell, the successor trustee can sell without court confirmation (Probate Code §§16200, 16226). The trustee still owes fiduciary duties to the beneficiaries.
Do beneficiaries have to approve a trust sale?
Not unless the trust requires it. The trustee must keep beneficiaries reasonably informed (Probate Code §16060), and a sale that is unfair to beneficiaries can be challenged, so many trustees communicate early and document the price.
What is the 60-day trustee notice?
When a revocable trust becomes irrevocable because a settlor died, Probate Code §16061.7 requires the trustee to serve a notice on each beneficiary and heir within 60 days. A contest generally must be brought within 120 days after service (§16061.8).
What documents does escrow need for a trust sale?
Usually a certification of trust (Probate Code §18100.5), a certified death certificate, and often an affidavit of death to record. Ask title and escrow early for their exact list.
What is a trust sale Realtor®?
A real estate agent or broker who sells houses held in trusts and plans the listing around the trustee’s duties: notice, beneficiary communication, co-trustee signatures, a documented fair price, and closing into the trust account.
Who is a trust sale Realtor® in Los Angeles?
Bill Gross, The LA Probate Expert, brokered by eXp Realty, DRE #01022275, sells probate and trust real estate across Los Angeles County. Call (310) 210-0008, email bill@thelaprobateexpert.com, or schedule a consultation. Bring the Letters (or the trust), the property address, and the attorney’s name if one is involved.
About the author. Bill Gross, The LA Probate Expert, brokered by eXp Realty. Licensed since 1989, broker since 2005. Probate-focused broker for executors, administrators, trustees 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. Local rules change; the city, county and court websites control.