In a Sale
What This Means When the House Is Being Sold
This is the estate planning tool built specifically to avoid the delay of probate, and where property was actually retitled into the trust's name during the grantor's lifetime, it generally works exactly as intended. The successor trustee can typically sell the property directly, without a court appointment, a confirmation hearing, or the months a probate proceeding often adds.
The failure mode is common enough to watch for specifically. A family assumes a house is in the trust because the estate plan was clearly built around one, but the deed itself was never actually changed to reflect that, meaning the property still sits in the decedent's individual name and has to go through probate after all.
Confirming what the recorded deed actually says, not what the family believes was done, is the necessary first step before assuming a fast, trust-based sale is available.
Compare
Not to Be Confused With
- This TermRevocable Living Trust
- Often Mistaken ForIrrevocable Trust
- Often Mistaken ForTrust Funding
- Often Mistaken ForCertification of Trust
What Tells Them Apart
A revocable living trust can be changed or terminated by its grantor at any time while they are competent and alive, unlike an irrevocable trust. Trust Funding is the separate step of actually retitling assets into the trust's name, and a gap in it is what causes an otherwise well-drafted trust to fail at avoiding probate. Certification of Trust is the document title typically relies on to confirm the trust and current trustee.
Questions
Questions People Ask
Does a house in a revocable living trust have to go through probate?
Generally no, provided the property was actually retitled into the trust's name during the grantor's lifetime. If it was never formally deeded into the trust, despite an estate plan built around one, it can still require probate. Checking the recorded deed is the way to confirm which situation applies.
Who can sell a house held in a revocable living trust after the grantor dies?
The successor trustee named in the trust document, once the grantor has died or become incapacitated and that person has stepped into the role. A certification of trust generally confirms this authority for title purposes, without requiring the full trust document to be produced.