By Fair Sale Homes

07/11/2023 If you are a property owner in California who finds themselves in a situation where you need to sell a property out of an irrevocable trust, you are likely to have a lot of questions. This process can be complex, and if not approached with the right knowledge or expertise, can lead to several complications. However, with the right guidance and information, selling property out of an irrevocable trust can be a smooth process. In this blog post by Fair Sale Homes, we will provide you with a comprehensive guide on everything you need to know about selling property out of an irrevocable trust in California.


Why and When Do You Sell Property Out of an Irrevocable Trust?
Before we delve into the steps required to sell a property out of an irrevocable trust, let's first understand the common situations that lead to this requirement. The most common reasons for selling property out of an irrevocable trust include:

• Changes in the beneficiaries: If the beneficiaries of the trust no longer wish to own or manage the property, they may choose to sell it.
• Financial difficulties: In some situations, the trust may not have the resources to maintain the property, and selling it may be the best option.
• Relocation: The beneficiaries may move away from the area or out of state, making it challenging to maintain the property effectively.

Steps to Sell Property Out of an Irrevocable Trust
The following are the steps involved in selling property out of an irrevocable trust in California:

1. Get trustee’s approval: Before selling the property, the trustee of the irrevocable trust first needs to approve the sale. The trustee will need to review the terms of the trust and ensure that a property sale is permitted.
2. Hire a real estate agent (or an all cash investor): It is advisable to engage the services of a real estate agent who has experience in selling properties out of an irrevocable trust to ensure that the sale is carried out successfully. An alternative is to work with an all cash buyer like Fair Sale Homes-- with experience in closing fast (and skip the appraisal process, cost, and repairs).
3. Obtain an independent appraisal: To determine the fair market value of the property, an independent appraisal needs to be conducted by an expert appraiser.
4. Prepare the required documents: The trustee and the real estate agent will prepare all the necessary documents required for the sale of the property, including the sales agreement, disclosure forms and escrow instructions.
5. Finalize the sale: Once all the paperwork has been completed, the property can be sold. The proceeds from the sale will go to the trust, and the trustee will distribute the proceeds according to the trust's terms.

Factors That May Cause a Sale to Fail
When selling a property out of an irrevocable trust, the following are some of the reasons that may cause the sale to fail:

• Disagreements among beneficiaries: if there are multiple beneficiaries, disagreements may arise on the sale of the property, causing delays or even blocking the sale.
• Tax issues: irregularities in the paperwork or failure to comply with the tax requirements can lead to a failed sale.
• Legal disputes: legal disputes over ownership rights or other legal issues can obstruct the sale.

To ensure a successful sale, it is essential to have an experienced intermediary who is knowledgeable in navigating the potential issues that may arise. Additionally, all beneficiaries of the trust need to be in agreement on the sale of the property.


In conclusion, selling property out of an irrevocable trust in California can be a complicated process. However, with proper preparation, guidance, and expertise, it can be done successfully. As a property owner, you should seek the services of a real estate agent and a trustee who are knowledgeable and experienced in these types of transactions to ensure the process proceeds smoothly. We hope that this comprehensive guide on selling property out of an irrevocable trust has provided you with the information you need to navigate this proc