Inherited a Home?
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Probate is the legal process of administering the estate of a deceased person, which involves validating their will (if one exists), paying debts, and distributing assets to beneficiaries. It occurs after someone passes away and typically involves court oversight.

Assets that typically go through probate include solely-owned real estate, bank accounts, and personal property. Assets that bypass probate include assets held in trust, jointly-owned property with rights of survivorship, and assets with designated beneficiaries, such as life insurance policies and retirement accounts.

Not necessarily. Whether an estate requires probate depends on various factors, including the value of the assets, how they are titled, and state laws. Small estates with limited assets may qualify for simplified probate procedures or may even be exempt from probate altogether.

The executor (also known as a personal representative) is responsible for managing the deceased person's estate during the probate process. Their duties include gathering assets, paying debts and taxes, notifying beneficiaries, and distributing assets according to the will or state law.

There are several strategies to avoid probate, including creating a revocable living trust, jointly titling property with rights of survivorship, designating beneficiaries for assets like life insurance and retirement accounts, and making lifetime gifts. Consulting with an estate planning attorney can help determine the best approach based on individual circumstances.

Yes. The named trustee has the legal authority to sell real estate held in a trust on behalf of the beneficiaries. For a revocable living trust, the original trustor can sell the property just as they would any other home they own. After the trustor passes away, the successor trustee steps in and can list, negotiate, and close the sale — typically without court involvement.

The biggest differences are speed, cost, and court involvement. A trust sale can close in 30 to 60 days — similar to a standard real estate transaction — because the trustee has authority to sell without court approval. A probate sale, on the other hand, typically takes 9 to 18 months, requires court confirmation, and may involve an overbid process where other buyers can submit competing offers at a hearing.

In most cases, no — the trustee can sell without direct beneficiary approval as long as the trust document grants that authority. However, the trustee has a fiduciary duty to act in the best interest of all beneficiaries, sell at fair market value, and keep beneficiaries reasonably informed. If the trust specifically requires beneficiary consent, or if disputes arise, court approval may be needed.

To sell trust real estate in California, the trustee typically needs a Certification of Trust (which confirms the trustee's authority without revealing the full trust), a copy of the trust agreement, the Trustee's Affidavit, a Preliminary Change of Ownership Report (PCOR), and the standard seller disclosure forms. An experienced trust-savvy real estate agent can help coordinate these documents with title and escrow.

When a home is inherited through a trust, beneficiaries typically receive a "stepped-up" cost basis — meaning the property's value is reset to its fair market value at the time of the trustor's passing. This can significantly reduce capital gains taxes if the home is sold shortly after. However, any appreciation after that date may be subject to capital gains tax. Consulting with a tax professional is recommended to understand your specific situation.