Can a Trustee Sell Trust Property Without Beneficiary Approval in California?

Yes, in most cases, a trustee can sell trust property without getting direct approval from the beneficiaries in California — as long as the trust document grants that authority and the trustee is acting in the best interest of all beneficiaries. However, trustees must still follow legal duties, provide notice, and avoid self-dealing or breach of fiduciary duty.

Table of Contents

• What powers does a trustee have in California?

• Does a trustee need permission to sell trust real estate?

• When can beneficiaries stop a trustee from selling property?

• Real examples from Pasadena and Los Angeles

• What if the property is co-owned or occupied?

• Red flags: when to question a trustee sale

• How to protect your rights as a beneficiary

What Powers Does a Trustee Have in California?

California law gives trustees significant authority to manage and sell trust property — if the trust document allows it. These powers usually include:

• Selling real estate

• Paying debts

• Making repairs or improvements

• Distributing assets per the trust

The trustee must act prudently, keep beneficiaries informed, and avoid conflicts of interest.

Does a Trustee Need Permission to Sell Trust Real Estate?

Usually, no direct permission is needed from beneficiaries if:

• The trust is revocable and the grantor is still alive.

• The trust is irrevocable, and the trustee has authority to manage and sell property.

However, trustees must:

• Provide advance notice of any sale.

• Share relevant documents and appraisals.

• Ensure the sale is in the best financial interest of all beneficiaries.

When Can Beneficiaries Stop a Trustee from Selling Property?

Beneficiaries can contest or stop a sale if:

• The sale is below market value.

• There’s evidence of self-dealing.

• The trustee is not following the trust’s intent.

• The property is being sold too soon or without proper notice.

In California, beneficiaries can file a petition with the probate court to intervene.

Real Examples from Pasadena and Los Angeles

✅ In Pasadena, we helped a family understand their trustee’s plan to sell a Craftsman home. The trustee had full authority, but we helped the beneficiaries negotiate fair market pricing and timelines — no court intervention needed.

🚫 In Los Angeles, we saw a trustee attempt to sell a Mid-City duplex to a relative at a steep discount. The beneficiaries filed an objection, and the court halted the sale due to breach of duty.

What If the Property Is Co-Owned or Occupied?

If the trust property has co-owners (e.g., held as tenants-in-common), or if someone is living there (like an heir or tenant), the trustee:

• May need partition action approval to force a sale.

• Should serve proper notices and eviction timelines.

• Must document all actions to avoid legal disputes.

Red Flags: When to Question a Trustee Sale

Watch out for:

• Sales to family or friends without full disclosure.

• Rushed or secretive listings.

• No professional appraisal or market analysis.

• Lack of updates or missing documentation.

These are signs the trustee may be violating fiduciary duties.

How to Protect Your Rights as a Beneficiary

Here’s what you can do:

1. Request a full accounting from the trustee.

2. Ask for the listing agreement and purchase offer.

3. Get a second opinion from a probate or trust attorney.

4. Work with a local trust real estate expert to confirm value.

5. File a petition if you suspect wrongdoing.

Need Help Navigating a Trustee Sale in LA or Pasadena?

The Borges Real Estate Team works with trustees and beneficiaries to ensure trust property is sold legally, fairly, and profitably. We know the law, the local market, and how to avoid common pitfalls.

👉 Reach out to us here for a confidential consultation.