Selling a House in a Living Trust After a Death in California

If a parent or other relative put their house in a living trust, the person they named as successor trustee can usually sell it after the death without going to probate court. That doesn’t mean there’s nothing to do. This guide walks a successor trustee in California through the steps, from taking over to closing, and the rules that protect the beneficiaries along the way.

Why a trust usually means no probate

When the person who made a revocable living trust dies, the trust, or their share of it, generally becomes irrevocable, and the successor trustee takes over. California law intends trust administration to move forward “free of judicial intervention” (Probate Code §17209). A trustee has the powers the trust document grants and, unless the trust limits them, the powers state law grants, without needing a court’s permission (§16200). Those include the power to sell property at a public or private sale (§16226).

The power to sell comes with duties. A trustee has to act solely in the beneficiaries’ interest and treat them impartially (§§16002, 16003), and having a power doesn’t excuse those duties (§16202).

One thing to check first is the deed. The house should be titled in the name of the trustee of the trust. If the owner never signed it over, the house may need probate, the simplified petition for a primary residence or a court petition asking a judge to confirm it belongs to the trust (§850). A trust attorney can say which fits, and our guide to selling a house in probate covers the court route.

Step 1: Take over as successor trustee

Read the trust document closely. It names the successor trustee, says whether co-trustees have to act together and may give instructions about the house, such as leaving it to one person or directing that it be sold.

Order several certified copies of the death certificate. California law lets anyone record an affidavit of death, with a certified copy of the death record attached, in the county where the house is (§210). Recording it puts the death on the property’s public record.

Step 2: Send the trustee’s notice within 60 days

When a revocable trust becomes irrevocable because of a death, the trustee has 60 days to serve a written notification on every beneficiary and every legal heir of the person who died (§16061.7). The notice identifies the trust and the trustee, gives the trustee’s contact information and tells recipients they can ask for a copy of the trust’s terms.

It also has to include a boldface warning about deadlines. A recipient can’t bring an action to contest the trust more than 120 days after the notice is served, or 60 days after a copy of the trust is delivered to them during that window, whichever is later (§16061.8). A trustee who skips the notice can be responsible for damages, attorney’s fees and costs caused by the failure, unless they made a reasonably diligent effort (§16061.9).

The 120-day window limits when someone can contest the trust. It isn’t written as a waiting period for selling the house, though the law does let a trustee consider whether the window is still open when deciding when to distribute assets (§16061.9). If a contest seems likely, a trust attorney can advise on timing.

Step 3: File with the county and document the value

Within 150 days of the death, the trustee files a change in ownership statement with the county recorder or assessor (Revenue and Taxation Code §480).

It also helps to document the house’s value on the date of death, usually with an appraisal. Inherited property generally takes a tax basis equal to its fair market value at death, and that includes a house held in a revocable trust (Internal Revenue Code §1014). Selling soon after the death can mean little or no taxable gain. Our article on capital gains tax on an inherited house explains the math, along with Proposition 19’s property tax rules for a beneficiary who wants to keep the house.

Step 4: Sell as trustee

The successor trustee signs the listing agreement or purchase contract, and later the deed, as trustee. The title company will want proof of that authority, and the law offers a short way to give it: a certification of trust (§18100.5). It confirms the trust exists and when it was signed, who the current trustees are, what powers they hold, whether all of them have to sign, the trust’s tax ID number and how title is held. It doesn’t have to say who inherits. All currently acting trustees sign it in front of a notary.

A buyer or title company can ask for excerpts showing the trustee’s appointment and powers, but generally can’t insist on the whole trust document. Someone who demands the full trust in bad faith can be liable for the resulting damages and attorney’s fees.

Disclosures are lighter, too. Trustees selling in the course of administering a trust are exempt from California’s Transfer Disclosure Statement (Civil Code §1102.2). The exemption doesn’t apply when the trustee of a revocable trust is a former owner of the house or lived in it within the past year, which can include a surviving spouse selling from a joint trust, so it’s worth asking the trust attorney which forms apply. Either way, the buyer should still hear about known problems with the house.

Unless the trust requires it, beneficiaries don’t have to approve a sale, but the trustee does have to keep them reasonably informed (§16060). A trustee can also ask beneficiaries to sign a written consent to the sale. A beneficiary who consents with full knowledge of the facts generally can’t later hold the trustee liable for that decision, with some exceptions (§16463).

Step 5: Pay the bills, account and distribute

Sale proceeds go to the trust, not straight to the beneficiaries. The trustee pays the costs of the sale, the trust’s bills and any debts and taxes it owes, then distributes what’s left under the trust’s terms.

Trustees have to account to current beneficiaries at least once a year, when the trust ends and when a trustee changes (§16062). A beneficiary who asks for information or an accounting and doesn’t get it can petition the court (§17200).

Listing, selling to family or selling for cash

A successor trustee has the same options as any seller. Listing with an agent reaches the most buyers and often brings the most money, though that can mean clearing out the house and preparing it for showings. A beneficiary can buy the house at a fair price. If the trustee personally wants to buy it, that’s self-dealing the law restricts (§16004), so it calls for an attorney’s help.

Selling for cash trades some of the price for speed and simplicity. EZ Home Offer buys inherited houses across Alameda County as-is. We’re real estate investors, not agents. We make a written cash offer, usually within 24 hours, charge no fees or commissions and cover typical closing costs. The family takes what matters and leaves the rest. A cash offer is usually below full market value, so it’s worth comparing with what an agent expects the house to bring. We can close in as little as 3 days once title is clear, or later on the trustee’s schedule. Our inherited house page has more.

Sources

General information about California rules as of October 3, 2026, not legal, tax or financial advice. Laws change and every situation is different, so check the details with an attorney, CPA or other professional.