A successor trustee can usually sell under the trust's terms without court approval (Prob. Code §16200). The work is documenting a fair price: a written valuation, a real marketing process and every offer in writing.
By David Saghian · $300M+ personally closed · $400M+ team
Four Steps for Trustees
1. Read the trust
Confirm your power to sell and any consent rules with counsel.
2. Serve notice
The 60-day trustee notification after a death (§16061.7).
3. Value and market
Written comps and a full campaign protect the trustee.
4. Close and report
Escrow, then the accounting your attorney prepares.
Need a value for the estate or trust?
A confidential written valuation from closed sales. No obligation.
Our Trust Sale in Encino
We sold 16300 Ventura Blvd, a 49-unit mixed-use building in Encino, as a trust sale for $31,250,000, representing both buyer and seller.
Broker opinion of value for the inventory, a written marketing record and weekly reports to counsel.
Frequently Asked Questions
Can a trustee sell without going to court?
Generally yes. A trustee has the powers in the trust instrument and those conferred by statute without court authorization (Prob. Code §16200). Your attorney confirms what your trust allows.
What notice does a trustee owe beneficiaries?
When a revocable trust becomes irrevocable at a settlor's death, the trustee must serve a notification on beneficiaries and heirs within 60 days (Prob. Code §16061.7). It is not a sale notice, but it starts the clock on trust contests.
How should a trustee document fair value?
A written broker opinion of value from closed comparable sales, a full marketing record and every offer in writing. Your attorney may also recommend a formal appraisal.
Can some beneficiaries do a 1031 exchange?
Sometimes, with planning by your attorney and CPA before the sale. See our 1031 page.
Is there a step-up in basis?
Property acquired from a decedent generally takes a basis equal to fair market value at the date of death (26 U.S.C. §1014), including property in a revocable trust. Ask your CPA how it applies.
Does Measure ULA apply to a trust sale?
Yes, inside the City of LA: 4% over $5,400,000 and 5.5% at $10,900,000+ for sales closing after June 30, 2026 (LA Finance).
Talk to David about your building
Send the address and your role. You will get a value range and a plan for your attorney.
We are real estate brokers, not attorneys, CPAs or tax advisors. Nothing on this page is legal or tax advice; confirm every decision with your attorney and CPA. Statutes quoted from leginfo.legislature.ca.gov, checked Oct 31, 2026.