One of the most common questions heirs ask is whether the inherited property goes through probate or can be handled through a trust. The answer has significant implications for how quickly and easily you can sell the property.
Probate Properties
If the deceased person owned the property in their individual name without a trust, the property typically goes through probate. This means:
- The court oversees the sale process
- A personal representative is appointed (often named in the will)
- The sale may require court confirmation (with the overbid process)
- Typical timeline: 6-12 months from start to finish
- Court fees are based on the estate value
Trust Properties
If the property was held in a living trust — or if it's being sold through a probate estate with full authority — the process is much simpler:
- No court supervision required for the sale
- The trustee has full authority to sell without court confirmation
- Standard real estate timelines apply (30-45 days to close)
- No court fees on the sale
- Generally faster and less expensive
How to Tell What You Have
Look at the property deed. If it says "Trustee" or "as Trustee of the [Name] Trust," it's likely in a trust. If it lists an individual's name only, probate is likely required. Important: Even with a will, the property usually still goes through probate — a will does not avoid probate in California.
Not sure? That's what we're here for. A quick phone call can clarify your situation and help you understand the path forward.