Probate & Trust FAQs
Probate and trust real estate often comes with questions, especially when you’re navigating the process for the first time. These FAQs provide straightforward answers to common questions about inherited property, probate and trust home sales, and what executors, administrators, successor trustees, and beneficiaries can expect along the way.
Important: These answers are intended as general information about California probate, trust, and inherited-property real estate and are not legal or tax advice. Probate and trust circumstances vary, so executors, administrators, trustees, and beneficiaries should consult their attorney and tax professionals regarding their particular situation.
Someone close to me has passed away. What should I do?
My condolences to you, and I know this may be an emotional time for you. First, I would strongly suggest trying to locate any and all documentation you can find relating to that person's final wishes, which are typically in the form of a Will or Trust. With any luck, your loved one will have had an open conversation with you about their final wishes and shared with you any documentation they put in place to that regard -- though that is not always the case. The types of documentation you locate will likely dictate what you need to do next.
What is a Probate Sale?
A Probate Sale is the court-supervised process by which an estate sells a piece of real estate that was owned by someone who passed away without a Trust and/or Will - or some other legal document in place to distribute their assets according to their final wishes. Often, while someone may have created a Will, the estate will still need to go through the probate process. Depending on how the property was owned and the authority granted to the estate’s representative (could also be referred to as the Executor or Administrator of the Estate), the sale may be subject to specific California probate procedures and, in some cases, court oversight.
What is a Trust Sale?
A Trust Sale may involve selling the real estate owned by someone living or deceased. A Trust is essentially a private estate planning contract; a legal document that establishes and oversees the transfer of your assets after your death. Typically after a “trustee”' dies, there is a “successor trustee” who is pre-designated to oversee the distribution of trust assets and the sale of any real estate owned.
What is the difference between a probate sale and a trust sale?
A probate sale generally involves property owned by someone who has died and whose estate is being administered through the California probate process. The property is typically sold by a court-appointed executor or administrator, and depending on the authority granted, certain notices, procedures, or court approval may be required. A trust sale, on the other hand, involves property that was placed in a living trust and is typically handled by the successor trustee after the owner’s death. Because the property is owned by the trust, it can generally be sold without going through probate court. While a trust sale may look more like a traditional real estate transaction, the trustee still has important fiduciary responsibilities to the trust and its beneficiaries.
How long does it take to sell a home through probate?
There is no single timeline. The real estate transaction itself may take a similar amount of time as a conventional sale once the representative has authority to sell, but the overall probate process can take considerably longer. Court requirements, estate complexity, property condition, and other factors can affect timing.
Can we sell an inherited home “as-is”?
Yes, many probate, trust, and inherited properties are sold in their present condition. Whether selling as-is is the best strategy depends on the property, its condition, the local market, and the estate’s goals. Sometimes modest preparation can significantly improve a property's marketability without undertaking a major renovation. Before spending estate funds on improvements, it can be helpful to evaluate which repairs or preparation are likely to provide a meaningful return. Cleaning, landscaping, removing belongings, painting, or addressing specific issues may make sense, while extensive renovations may not.
What happens if the probate or trust property is full of belongings?
This is extremely common, and part of the emotional turmoil and work to be done involves sorting and emptying a property. Before preparing the home for sale, the estate or trust may need to determine which belongings will be retained, distributed, sold, donated, or discarded. A probate and trust real estate specialist like me can help coordinate appropriate estate-sale, cleanout, hauling, donation, and other resources.
When should I contact a real estate agent about a probate or trust property?
You don't have to wait until you're ready to put the home on the market. Involving an experienced probate and trust real estate agent early can help you evaluate the property's condition and value, understand what may need to happen before a sale, and develop a plan for cleanout, repairs, preparation, marketing, and eventual sale.
Do I need a real estate agent who specializes in probate and trust sales?
Yes. Probate and trust transactions can involve procedures, timelines, documentation, property preparation, multiple decision-makers, and legal requirements that aren't typical of an ordinary home sale. An agent experienced with estate properties can help coordinate the real estate portion of the process and work alongside the estate's attorney and other professionals. Look for a real estate agent with the CPRES designation (Certified Probate Real Estate Specialist) by US Probate Services. Erin Stumpf earned the CPRES designation as well as the Certified Probate & Trust Specialist designation from the CALIFORNIA ASSOCIATION OF REALTORS® and has completed numerous trust and probate real estate transations.
Can beneficiaries decide whether to accept an offer on an inherited property?
That depends on how the property is owned and who has legal authority to act. In probate, the executor or administrator generally acts on behalf of the estate. With a trust, the successor trustee generally acts on behalf of the trust. Beneficiaries have important interests, but they do not necessarily have authority to make the real estate decisions themselves.
What happens if multiple heirs or beneficiaries disagree about selling the property?
Disagreements can make an estate or trust sale more complicated. The person with authority to administer the estate or trust has specific duties and should seek legal advice when disputes arise. From the real estate side, clear communication, good documentation, and an objective assessment of the property's value and options can help everyone understand the practical choices available.
Do I need to consult an attorney if I need to file for probate?
Well, I have seen clients try to navigate probate without an attorney, and it is a very complex process to go alone. I would strongly suggest engaging an attorney to assist you through this process. I have worked with some great attorneys, and I would be happy to refer you to some to interview.
What geographic areas or neighborhoods do you serve for probate and trust real estate sales?
I help executors, administrators, successor trustees, attorneys, and families sell probate, trust, and inherited properties throughout the Greater Sacramento region. My primary service area includes Sacramento County and surrounding communities in Placer, Yolo, and El Dorado counties. Specifically including but not limited to Downtown / Midtown Sacramento, East Sacramento, Land Park, South Land Park, Hollywood Park, Curtis Park, Tahoe Park, Pocket / Greenhaven, Elk Grove, West Sacramento, Davis, Natomas, Arden, Sierra Oaks, Carmichael, Rosemont / College Greens, Fair Oaks, Orangevale, Foothill Farms, Citrus Heights, Antelope, Folsom, Roseville, Rocklin, Lincoln, and El Dorado Hills. If you’ve inherited a property outside the immediate Sacramento area, reach out, I may still be able to help or connect you with an experienced professional.
Have you personally been through the probate or trust estate process?
Yes. In addition to helping clients navigate probate real estate professionally, I served as the administrator of my own mother’s probate estate. That experience gave me a very different perspective on the process. I understand firsthand that you may be dealing with grief and family responsibilities at the same time you’re being asked to make financial, legal, and real estate decisions.
What can you help with besides listing the property for sale?
A probate or trust sale often involves much more than putting a home on the MLS. I can help develop a strategy for preparing and selling the property and connect you with trusted resources for cleanouts, estate sales, repairs, inspections, landscaping, staging, and other services that may be needed. I also coordinate with your attorney and other professionals when appropriate so the real estate portion of the process stays on track.