Trust and probate FAQs

At minimum: the trust document with any amendments, a certified copy of the death certificate, and a certification of trust for the title company. If the trust names a successor trustee who has not yet acted, they will sign an acceptance of trusteeship. I walk every trustee through this list before we list, so escrow never stalls on paperwork.

No. When the home was properly transferred into a living trust, the successor trustee has authority to sell without court involvement or public filings. That is the main advantage of a trust: the sale proceeds much like a conventional listing, on the family's timeline rather than the court's.

It is a short summary of the trust — the name, the date, who is currently trustee, and their signing powers — that you give to escrow and title instead of the full trust document. Most California title companies and financial institutions accept the standard statutory form. I prepare it as part of the listing package.

Not always. When the personal representative has full authority under the Independent Administration of Estates Act, the property can usually be sold with a Notice of Proposed Action sent to the heirs — no hearing. With limited authority, the court must confirm the sale at a hearing, where other buyers can overbid on the accepted offer.

When a probate sale needs court confirmation, buyers at the hearing can outbid the original accepted offer, starting at an amount set by statute above the accepted price. It sounds intimidating, but with proper marketing it often works in the estate's favor — competition raises the final price. I prepare both the estate and the original buyer so no one is surprised in the courtroom.

It is a written notice, given to heirs and beneficiaries at least fifteen days before a sale completes under full authority, describing the proposed sale terms and price. It lets the family object if there is a genuine problem. Used correctly, it replaces the need for a court hearing entirely.

The estate's value at date of death is set by a probate referee's appraisal, which is separate from the listing price. What the home sells for today is determined by the market. I provide a written market value opinion that reflects current condition and comparable sales, and I coordinate with the referee and the estate attorney so both numbers stay consistent.

Usually yes, with the court's or the IAEA process behind you. The personal representative can list and accept an offer while probate is still open; the sale is simply part of administering the estate. In many Los Angeles County estates the property sells and escrows long before the estate itself is formally closed.

For probate, yes — the estate attorney handles the court process, and I handle the property. I am a real estate specialist, not an attorney, and I do not give legal advice. What I do is coordinate closely with the attorney so the sale fits the court's requirements and the family's deadlines. Many straightforward trust sales need no attorney at all.

No. That is a common misconception. The estate's fiduciary duty is to obtain fair market value, not a quick bargain price. With proper preparation, photography and marketing, estate properties in Burbank regularly sell at or above comparable market sales. Where as-is condition justifies a lower price, I quantify the trade-off in writing so the family can decide deliberately.

Costs such as title, escrow, county transfer tax, brokerage compensation, and any repairs or credits come out of the sale proceeds at close, not out of anyone's pocket in advance. In a probate, court and attorney fees are set by statute and also paid from the estate. If there is not enough equity to cover what is owed, we discuss the options, including a negotiated short sale, before anything is listed.

You do not need to travel. Documents are signed electronically where permitted, I coordinate the clean-out, photography and showings on the ground, and I send photo and video updates at every step. I also handle the entire process in Mandarin Chinese for family members who prefer it, which is common when heirs are overseas.