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Selling real estate held in a trust?

Trust Sales, Made Understandable.

A home is a major decision—our guide keeps the process clear and steady. Use this page as a primer so you know what happens when, who signs what, and where we coordinate with your attorney and CPA.

What is a trust?

 

A trust is a legal arrangement that owns assets for someone else’s benefit. The document spells out what the trustee can do and who benefits. In a sale, job one is confirming the trustee’s authority and any conditions in the trust.

Who controls the trust?

 

The trustee manages trust assets. For real estate, that includes listing decisions, disclosures, and accepting an offer—subject to the trust’s terms and law.

Who creates the trust?

 

The grantor (also called trustor/settlor) sets up the trust. After they pass—or when the terms say so—the successor trustee steps in to manage and, if appropriate, sell property.

Who benefits?

 

Beneficiaries receive the trust’s benefits. They don’t usually sign listing paperwork, but they should be kept informed. We help document a fair, transparent process.

What is a trust sale?

 

A trust sale is the sale of property owned by a trust, carried out by the trustee under the trust’s instructions. Some sales require court steps; many do not. We coordinate valuation, preparation, marketing, offers, and closing—working with your attorney and CPA so the paperwork and timing line up.

Trust Sale Timeline

Step 1 Verify authority Trust doc, acceptance, death certificate, ID/EIN as needed.
Step 2 Information & valuation Property facts, disclosures, photos; pricing strategy.
Step 3 Prep strategy As-is vs light refresh vs targeted improvements.
Step 4 Go live Marketing launch, private outreach, showing plan.
Step 5 Offers & selection Terms, timelines, risk; trustee decision & documentation.
Step 6 Court path (if required) Confirmation, notice, overbid procedure. (Many sales skip this.)
Step 7 Close & distribution Escrow, statements, recordkeeping for the trust.

Trust & Sale FAQs

Can a trustee sell a house without beneficiary approval?

Often yes, if the trust grants the authority and the trustee follows the terms and applicable law. Keep beneficiaries informed and document a fair process. Consult your attorney on your specific trust.

How is a trust sale different from probate?

In probate, the court supervises the estate. In a trust sale, the trustee acts under the trust document—many sales need no court confirmation. Some situations still require court steps; your attorney will confirm.

Do we pay capital gains in a trust sale?

Tax treatment depends on the trust terms, basis, and current law. We coordinate with your CPA so timing and documentation align. This is not tax advice—please consult your tax professional.

Need quick guidance?

Testimonials

Jeff’s last name, “Hartman” is no coincidence. I can’t speak more highly of him. He truly has a heart of gold and he knows his stu...
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Real Brokerage Technologies, Inc

39899 Balentine Dr, Ste 200,
Newark, California 94560
818.667.2009
jeff@jeffhartmanhomes.com

DRE# 01931236

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