What's the difference between a probate sale and a trust sale?
In general terms, it comes down to how the home was held. If it was in a living trust, the successor trustee named in the trust usually handles the sale, often without going to court. If it wasn't, the estate may have to go through probate, where the court appoints someone to manage it and can be involved in the sale.
That's the broad picture, not your family's answer. Which process applies, and what it means for the sale, is a question for your probate or estate attorney. I work alongside them on the house so you're not stuck translating between the two of us.
Who has the authority to sell the house?
Whoever the trust, the will, or the court says, and your attorney is the one who confirms it. It isn't automatically the oldest child or whoever lives closest.
I won't put a house on the market until we know who can sign. It protects you, and it avoids a buyer backing out halfway through escrow because the paperwork wasn't ready.
What should I do with the house right now?
Keep it safe and keep it the way it is. Make sure the doors lock, the utilities stay on, someone is checking the mail, and the insurance company knows no one is living there, since that can affect coverage.
I'd hold off on clearing things out or giving belongings away until you've talked to your attorney. What's inside the house can be part of the estate too. There's no prize for moving fast here, and taking a few weeks to get organized is normal.
How do I find out what the house is worth?
Start with a clear number for the sale. I'll show you what the house is worth as it sits today and what it could be worth with the right updates, plus every option for selling it. We call that the EPIC® Report. It's free, and you can request it here.
The estate may also need its own formal valuation for legal or tax reasons. That's separate from my report, and your attorney or CPA will tell you if you need one.
Should we fix up the house or sell it as-is?
It depends on the house and on what the family agrees to spend. Inherited homes have often gone years without updates, and a few targeted fixes (paint, flooring, lighting, a clean yard) can change what buyers are willing to pay. I'd look at each fix and only do the ones that pay for themselves.
If no one wants to put money or time into it, selling as-is is a real option. It costs some price, and I'll show you how much so the family can decide together. More on that on my selling as-is page. Either way, your attorney can tell you what disclosures and approvals apply to your sale.
When we do prep, my S-R-S® Concierge coordinates the cleaners, contractors, staging, and media, which matters a lot when the family doesn't live nearby.
What if my family doesn't agree on selling?
It happens, and it's understandable. Everyone is grieving, and the house can mean something different to each person. The best thing I can do is give everyone the same numbers at the same time, so the conversation is about real options instead of guesses.
I don't take sides between family members. If the disagreement turns into a legal question, like who gets what or whether to sell at all, that belongs with your attorney or a mediator. My job is the house.
How long does a probate or trust sale take?
It depends on the legal side, and I can't promise a timeline there. Your attorney can give you a realistic range for your situation.
The house side is more predictable. Once we're cleared to sell, prep usually takes a few weeks, depending on how much work we decide to do. After we accept an offer, how quickly we close can depend on whether the court needs to approve the sale. I'll build the plan around whatever your attorney tells us.
Will we owe taxes when we sell an inherited home?
There isn't one answer. It can depend on how the home was held, how and when it passed to the heirs, how long it's held before the sale, and what it sells for. Rules that can come into play include how the tax basis is set for inherited property and California's Prop 19, which changed property tax rules for some homes passed from parents to children.
I'm not a tax professional, and nothing on this page is tax advice. Whether any of this applies to you is a question for a CPA or tax advisor. What I can do is get them a realistic sale price early, so the estate can plan before the house is listed.
