Trust Sales vs Probate
How Does a Successor Trustee Sell a Home?
A successor trustee has a relatively smooth path. To sell, they establish authority with the trust document, a certification of trust, and the prior trustee's death certificate. Title and escrow use these to confirm the trustee can sign. From there, the sale proceeds much like any normal listing, with no court confirmation, no overbid, and standard contingencies allowed.
The duties still apply
A trustee owes a fiduciary duty to the beneficiaries to get a fair price and act in their interest, and should keep them informed and document the sale. If beneficiaries disagree, the trust terms and, if needed, the court can resolve it. Selling as a trustee is generally faster and more private than probate, which is exactly what the trust was designed to achieve. We regularly represent trustees across San Diego County.
General information on California trust administration. Not legal advice.Have a probate property in San Diego or Riverside County?
Ron Burner, Certified Probate Real Estate Specialist (CPRES), has guided families through 50-plus probate sales. Get straight answers with no obligation.
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