Selling a House as a Successor Trustee in California

How do you sell a house held in a living trust as the successor trustee in Simi Valley or anywhere in Ventura County? In most cases you can sell without going to court: California law lets a trustee sell trust property without court authorization, and a certification of trust proves your authority to escrow and title. Within 60 days you also need to serve the formal trustee notice on the beneficiaries and heirs, which starts the window to contest the trust. Keep everyone informed and sell at a fair price.

Updated November 2026. Being named successor trustee is a big job, usually handed to you at a hard time. Here's what selling the house involves.

What Does a Successor Trustee Have to Do?

When the person who created the trust passes away, you take over what's in it, including the house. The California Probate Code spells out your core duties:

• Follow the trust. Administer it according to the trust document (Section 16000).
• Act only for the beneficiaries. Not for yourself (Section 16002), and don't take part in a deal where your interest is adverse to theirs (Section 16004).
• Treat beneficiaries impartially when there's more than one (Section 16003).
• Take control of and preserve the property (Section 16006).
• Keep trust property separate from your own (Section 16009).
• Keep the beneficiaries reasonably informed (Section 16060).

Following these duties is what protects you if anyone later questions the sale.

Do You Need Court Approval to Sell a House in a Trust?

Usually not. Section 16200 says a trustee has the powers in the trust document and the powers given by statute "without the need to obtain court authorization," unless the trust limits them. Section 16226 includes the power to sell property at a public or private sale. That's a big difference from probate; see our trust sale vs. probate sale guide.

To prove your authority without handing the whole trust to everyone, you give a certification of trust (Section 18100.5). It's a short declaration, signed by all currently acting trustees and acknowledged before a notary, confirming the trust exists, who the trustees are, their powers, and how title should be taken. It doesn't have to say who inherits what, though title may ask for excerpts showing you're the successor trustee with the power to sell.

Gather early: the trust and amendments, several certified death certificates, and the certification of trust. Title and escrow will tell you what else to record.

What Is the 60-Day Trustee Notice, and When Can the House Sell?

When a revocable trust becomes irrevocable because the person who made it died, Section 16061.7 requires the trustee to serve a written notification on each beneficiary and each heir of the deceased. It must go out no later than 60 days after the death. It includes each trustee's contact information and the right to request a copy of the trust terms.

The notice must also include a boldface warning. Under Section 16061.8, a person served 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 terms is delivered to them during that 120-day period, whichever is later.

That deadline limits contests; it isn't written as a ban on selling. Still, many trustees and attorneys prefer to close after the contest period ends, or to get the beneficiaries' agreement in writing first. Ask your trust attorney what makes sense for your family.

What Property Tax Forms Come Up After a Death?

The California State Board of Equalization says that when a change in ownership results from a death and there's no probate, the change in ownership statement is due within 150 days of the date of death. Ventura County's e-Forms page lists that form, the BOE-502-D (Death of Real Property Owner).

If a child plans to keep the home instead of selling, Prop 19 matters. The BOE says the parent-child exclusion applies to a family home that was the parent's principal residence and becomes the child's. The child files for the homeowners' exemption within one year and files the BOE-19-P claim within three years or before a transfer to a third party, whichever is earlier. The value limit is the current taxable value plus $1,044,586 for transfers from February 16, 2025 through February 15, 2027. See our Prop 19 inherited home guide and Simi Valley property taxes explained.

How Should a Trustee Set the Price?

Get a written value as of the date of death. IRS Publication 551 says the basis of property inherited from a decedent is generally its fair market value on the date of death (or an alternate valuation date if the estate chooses it). That can reduce taxable gain on the sale. Ask a CPA how this applies to your trust.

A documented value also shows the beneficiaries you sold at a fair price. Start with a free Simi Valley home value review, and ask your CPA whether a formal appraisal makes sense.

What Should You Do With the House Before Listing?

Your duty to preserve the property starts right away:

• Change the locks if others have keys, and keep the utilities on.
• Tell the homeowner's insurance company the owner passed away. A vacant home may need a different policy.
• Keep paying the mortgage, property taxes and HOA dues from trust funds, and keep every receipt.
• Decide with the beneficiaries how much to fix up. Sometimes a clean-out and light repairs are enough; sometimes selling as-is makes more sense.

Our cost to sell a house in Simi Valley guide shows typical closing costs to share with the beneficiaries.

What Disclosures Does a Trustee Give Buyers?

California Civil Code Section 1102.2(d) exempts sales "by a fiduciary in the course of the administration of a trust" from the Transfer Disclosure Statement rules. There's an exception: the exemption doesn't apply when the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or lived there within the past year. The exemption covers only that article, so other reports may still be required; your agent and attorney will confirm which.

At closing, proceeds go into the trust account, not your personal account. Then you pay final bills and distribute under the trust, with your attorney's or CPA's guidance.

What Mistakes Get Trustees in Trouble?

• Selling to yourself or a relative below market without everyone's informed written agreement.
• Mixing trust money with your own.
• Missing the 60-day notice, or letting beneficiaries learn of the sale after it closes.
• Letting the insurance lapse on a vacant house.

Frequently Asked Questions

Does a successor trustee need court approval to sell a house in California?
Usually not. California Probate Code Section 16200 lets a trustee use the powers in the trust and in statute without court authorization, unless the trust limits them. A certification of trust shows escrow and title that you can sell.

How long do beneficiaries have to contest a trust in California?
Generally 120 days from the date the trustee's notice is served, or 60 days from the date a copy of the trust terms is delivered during that 120-day period, whichever is later (Probate Code Section 16061.8).

Does a trustee have to give buyers a Transfer Disclosure Statement?
Generally no. Civil Code Section 1102.2(d) exempts sales by a fiduciary administering a trust, except when the trustee of a revocable trust is a former owner or lived in the home within the past year. Other disclosures may still apply.

Can the successor trustee be paid?
If the trust doesn't say what the trustee is paid, Probate Code Section 15681 says the trustee is entitled to reasonable compensation under the circumstances. Ask your attorney how this applies to your trust.

Related Articles

• Trust Sale vs. Probate Sale in California
• Inherited a Parent's Home? Prop 19 and Your Property Taxes
• California Seller Disclosures, Explained in Plain English

Selling a Home Held in a Trust?

We help trustees across Simi Valley and Ventura County plan the sale and keep beneficiaries in the loop, working with your attorney or CPA if needed. Schedule a call or call or text 805-424-6226.

Sources

• California Legislative Information, Probate Code Sections 16061.7, 16061.8, 18100.5, 15681, 16000-16009, 16060, 16200 and 16226; Civil Code Section 1102.2. Viewed November 11, 2026.
• California State Board of Equalization, Proposition 19 and Change in Ownership FAQs, viewed November 11, 2026.
• Ventura County Assessor, Assessor Forms and Cal Assessor e-Forms, viewed November 11, 2026.
• IRS, Publication 551, Basis of Assets (rev. December 2025), viewed November 11, 2026.

Steve Hise and Tricia Garcia, Real Estate Toolbox at eXp Realty, 1720 E Los Angeles Ave, Suite F, Simi Valley, CA 93065
Steve Hise CA DRE #01702055 | Tricia Garcia CA DRE #02032007

This article is general information, not legal or tax advice. Every trust is different; talk with a trust attorney and a CPA about your situation.