How-to-Handle-a-Probate-Sale-in-Sacramento

How to Sell a Home in a Trust

Published on October 1, 2025

Step 1: Understand the Trust and Your Role as Trustee

Step 2: Confirm Your Authority and Gather Documents

Step 3: Decide How to Sell the Property

Step 4: Handle the Closing Process

Step 5: Distribute the Proceeds

Tax Implications You Need to Know

Why Many Trustees Choose Direct Sales

Frequently Asked Questions

It depends on the type of trust and the trust document. In a revocable living trust, the trustee (often the grantor) can usually sell without approval. In an irrevocable trust, many require the consent of the beneficiary or court approval. Always review your specific trust agreement, as it governs the actions you can and cannot take.

Traditional market sales take 60-90 days on average, plus time for repairs and preparation. Direct sales to cash buyers can close in as little as 7 to 14 days. The timeline depends on your specific situation, the condition of the property, and the selling method you choose.

Potentially, yes. The tax depends on the cost basis and selling price. However, inherited properties typically receive a step-up in basis to fair market value at the date of death, which often reduces or eliminates capital gains tax. Consult a tax professional for your specific situation, as the rules vary based on the type of trust and the circumstances.

You can still sell. Notify the mortgage lender that the property is held in trust and provide them with the relevant trust documents. At closing, the mortgage gets paid off from the sale proceeds before any distribution to beneficiaries. The title company handles this process during the closing.

No. The trustee has legal authority to sell trust property as part of their fiduciary duty. You don't need a real estate license. However, you must act in the best interests of the beneficiaries, obtain fair market value for the property, and adhere to all terms outlined in the trust agreement.

Moving Forward with Your Trust Sale

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