The House Is in a Living Trust
If the house was deeded into the trust before the death, it generally does not go through probate. The successor trustee named in the trust takes over and can sell it, usually by giving the title company a certification of trust.
The trustee still owes the beneficiaries a fair price and good records, so value and timing matter as much as in probate.
Your steps, in order
- For TrusteesThe trustee's role with real estate, start to finish.
- Probate vs Trust Sale in WashingtonWhat changes when the house is in a trust.
- How Do You Price a House in a Trust or Estate?Setting a price you can defend to the beneficiaries.
- Date-of-Death Valuation & Estate Property AppraisalsThe appraisal a trustee usually needs.
Watch out for
Check that the house is actually in the trust.
Signing a trust does not move the house into it; the recorded deed must name the trustee. A house left in the person's own name usually goes through probate first, even when a will sends everything to the trust. If the deed is unclear, a probate attorney can confirm the path.
Show authority with a certification of trust.
Title companies accept a short certification instead of the whole trust document.
Medicaid can claim against the house.
If the person received Medicaid long-term care at 55 or older, the state can seek repayment from the estate and from property that passed outside probate.
Looking for a figure or a rule? See Deadlines & key rules or the glossary. General information, not legal advice; Real Property Planning does not refer clients to attorneys.