Property held in a living trust avoids probate entirely—the successor trustee can sell without court involvement, typically faster and with less expense than probate sales, though trust administration has its own requirements. This guide compares selling inherited property through trust vs. probate.

How Trusts Avoid Probate

When property is titled in a living trust, it's technically owned by the trust, not the individual. When the trust creator dies, the successor trustee immediately has authority to manage and sell trust property. No court appointment needed, no Letters required from probate court. The trust document itself grants authority.

Trust Sale Process

• Trust creator dies
• Successor trustee takes over (named in trust document)
• Trustee obtains death certificate
• Trustee can immediately list and sell property
• No court approval needed (with typical trust terms)
• Proceeds distributed per trust terms

Probate Sale Process

• Property owner dies
• Petition filed with probate court
• Wait for court hearing (2-6 weeks)
• Executor appointed, Letters issued
• 90-day creditor period runs
• Property can be sold (may need court confirmation)
• Final accounting and distribution (court approved)

Key Differences

Trust Sale Requirements

While faster than probate, trust sales still require:

• Death certificate
• Copy of trust document (or certification)
• Verification trustee has authority to sell
• Affidavit of trust (for title company)
• Trustee signs all documents in fiduciary capacity

What If Property Should Be in Trust But Isn't?

Sometimes people create trusts but forget to transfer their home into the trust. If property is titled in the individual's name (not the trust), it requires probate regardless of trust existence. This common oversight defeats the trust's probate-avoidance purpose for that asset.

The Bottom Line

Trust-held property sells faster and simpler than probate property. If you're a successor trustee, you can move quickly. If property wasn't properly transferred to the trust, probate is required. Either way, work with professionals experienced in both trust and probate sales.

I handle both trust and probate real estate sales in Las Vegas. If you're unsure which applies to your situation, reach out for guidance.