Probate Knowledge Center

Trust Sales vs Probate

How a trust changes everything and why authority matters.

• What is the difference between a trust sale and a probate sale?A trust sale is handled privately by a successor trustee without court oversight. A probate sale goes through the court because there was no trust.
• If there is a trust, do we avoid probate entirely?A properly funded living trust usually avoids probate for the assets it holds, letting the successor trustee sell without court involvement.
• What does a successor trustee need to do to sell a home?A successor trustee proves their authority with the trust and a death certificate, then sells much like an ordinary owner, without court confirmation.
• What is a Heggstad petition?A Heggstad petition asks the court to confirm that a home belongs in a trust even though title was never formally transferred, avoiding full probate.