Trust sale or probate: which applies?
If the home was held in a living trust, the successor trustee can usually sell it privately, without going through court, often within about 4 to 8 months. If there was no trust, the home typically goes through probate, a public, court-supervised process through the Los Angeles County Superior Court that commonly takes 9 to 18 months. Here is how the two compare.
| Trust sale | Probate sale | |
|---|---|---|
| What starts it | The trust document names a successor trustee | No trust, so the court appoints an executor or administrator |
| Who signs | Successor trustee, acting under the trust's terms | Court-appointed executor, acting under Letters |
| Court involvement | None required | Court-supervised; sale needs court approval or an IAEA notice process |
| Typical timeline | About 4–8 months | About 9–18 months in California |
| Privacy | Private; only the deed records | Public court file, inventory and sale filings |
Selling a trust property
A successor trustee typically needs to record an Affidavit of Death of Trustee to update the chain of title, and must serve a formal notice to all beneficiaries and heirs under California Probate Code Section 16061.7 within 60 days of the trust becoming irrevocable. A date-of-death valuation also documents the property's value for tax purposes, including the step-up in basis that can reduce capital gains for beneficiaries. After that, the trustee can prepare and market the home much like a standard sale.
Selling through probate
Without a trust, the court appoints an executor or administrator, who receives Letters Testamentary or Letters of Administration granting authority to act. Under the Independent Administration of Estates Act, full authority usually allows the sale to move forward with a Notice of Proposed Action to heirs; limited authority requires a court confirmation hearing, where other buyers may overbid. A court-appointed probate referee also values the estate's assets, including the house.
Bilingual communication for the whole family
Trust and probate sales often involve several family members making a decision together, sometimes across generations, sometimes across countries. I give regular, written updates that go to everyone at the same time, and I'm glad to walk through offers, disclosures or the court process in Mandarin so nothing gets lost between an English-speaking sibling and a Mandarin-speaking parent, or an heir living overseas.
When heirs live overseas
It's common for an heir to be based in Taiwan, mainland China, or elsewhere. Many documents can be signed electronically; some require notarization abroad, sometimes with an apostille or similar authentication depending on the country. Wiring sale proceeds internationally takes longer than a domestic transfer and should be confirmed through verified instructions from the escrow or title company. If a non-resident heir is receiving proceeds, tax withholding questions, including FIRPTA where it applies, should be reviewed with the estate's CPA or attorney. I try to schedule calls around each family member's time zone rather than expecting everyone to adjust to mine.
Practical first steps
- Secure the home: change the locks and confirm the insurance covers a vacant property.
- Gather the trust or will, certified copies of the death certificate, the deed and recent tax bills.
- Confirm your legal authority to act, whether that's Letters from the court or the recorded trustee affidavit, before signing anything.
- Loop in the family early with a simple written update, in English and Mandarin as needed, so no one is surprised later.
- Talk with the estate's attorney and CPA about notices, valuations and any tax questions before listing.
Note: I'm a real estate agent, not an attorney or CPA. This page is general information, not legal or tax advice. Please consult a qualified estate attorney and tax professional about your specific trust, probate or FIRPTA questions.