Trust sales and probate sales in California differ significantly in timeline, cost, and process. A trust sale typically closes within 30-60 days with minimal court involvement, while probate sales require 9-18 months, court supervision, and may involve public overbidding. Trust administration costs 1-2% of property value; probate costs 4-8% including statutory attorney and executor fees.

When a family member passes away, one of the first questions heirs ask is: "How long until we can sell the house?" The answer depends almost entirely on one factor: whether the property was held in a living trust or will go through probate.

We've handled both trust and probate sales throughout Pasadena, Altadena, Glendale, and the greater LA area. The difference between these two paths isn't just academic—it affects your timeline by months, your costs by tens of thousands of dollars, and your stress level considerably.

Trust Sales: The Faster Path

What Is a Trust Sale?

When property is held in a revocable living trust, it passes outside of probate. The successor trustee named in the trust documents gains authority to manage and sell trust assets without court involvement. This is exactly why estate planning attorneys recommend trusts for California real estate.

Trust Sale Timeline

  • Week 1-2: Complete death certificate filings, notify beneficiaries, accept trusteeship
  • Week 3-4: Prepare property for sale, hire real estate agent, list property
  • Week 5-8: Accept offer, complete escrow, close sale

Total: 30-60 days from death to closed sale is achievable

Trust Sale Costs

Trust administration typically costs 1-2% of estate value for attorney fees, plus standard real estate transaction costs. There are no statutory fees like in probate. A $1 million property might cost $10,000-$20,000 in trust administration versus $40,000-$60,000 in probate.

Probate Sales: The Court-Supervised Process

What Triggers Probate?

Probate is required when the deceased held property in their individual name without a trust, or when they died without a will (intestate). The court must supervise the transfer to ensure creditors are paid and the correct heirs receive the property.

Probate Sale Timeline

  • Weeks 1-8: File petition, notice to heirs, court hearing for appointment
  • Weeks 9-16: Receive Letters Testamentary, inventory assets, notify creditors
  • Weeks 17-24: Four-month creditor claim period
  • Weeks 25+: List property, accept offer, petition for confirmation (if required)

Total: 9-18 months minimum, often longer in busy Los Angeles courts

IAEA vs. Court Confirmation Sales

California offers two types of probate sales. Full IAEA (Independent Administration of Estates Act) authority allows selling with minimal court involvement, similar to a normal sale. Limited or no IAEA authority requires court confirmation, where the property goes to public auction and anyone can overbid your accepted offer by 5% plus $500.

Probate Costs

California Probate Code sets statutory fees for attorneys and personal representatives based on estate value. For a $1 million estate, statutory fees alone total approximately $46,000 (about $23,000 each for attorney and executor). Additional extraordinary fees may apply for complex matters.

Side-by-Side Comparison

Factor Trust Sale Probate Sale
Timeline 30-60 days 9-18 months
Costs 1-2% of estate 4-8% of estate
Court Involvement Minimal to none Required
Public Record Private Public
Overbidding Risk None Yes (without full IAEA)

New AB 2016: Simplified Process for Homes Under $750,000

As of April 1, 2025, California's AB 2016 allows simplified probate procedures for primary residences valued under $750,000. This nearly doubles the previous threshold and creates a streamlined pathway that bypasses full probate court for qualifying properties.

Frequently Asked Questions

Can a trust property still require probate?

Yes, if the property was never properly transferred into the trust before death. This is called a "pour-over" situation and requires a Heggstad petition to add the property to the trust without full probate.

What if only some assets are in a trust?

You may need to administer both a trust and a probate estate simultaneously. The real estate follows whichever path it was titled under.

Can I convert a probate sale to avoid court confirmation?

The personal representative can petition for full IAEA authority if it wasn't granted initially. This requires court approval and notice to all heirs.

Trust Sale or Probate? We Can Help.

The Borges Real Estate Team has handled hundreds of trust and probate sales throughout LA County.

📞 (213) 262-5092

Justin Borges

Justin Borges leads The Borges Real Estate Team in Pasadena, where he has specialized in probate and trust property sales for over 13 years. His team has closed over $200 million in real estate transactions, with particular expertise in inherited property throughout LA County.