Settling a loved one’s estate is emotional and time consuming, and the home often feels like the heaviest task on the list. If you’re an executor or successor trustee in San Francisco, you may be weighing probate steps, court timelines, and tenant issues while trying to protect family privacy. You deserve a clear plan, steady communication, and a marketing approach that respects the situation while maximizing value. In this guide, you’ll learn how probate and trust sales differ, what to expect in San Francisco, and exactly how I manage the process from first meeting to closing. Let’s dive in.
Probate vs. trust sales in California
In estate real estate, most sales fall into two paths: a probate sale or a trust sale. The core difference is authority and court involvement. A trust sale is handled by the successor trustee under the trust instrument. A probate sale is managed by the personal representative or executor under court supervision.
For a helpful overview of the state process and forms, review the California Courts probate process information. For local procedures, the San Francisco Superior Court probate division provides rules, contacts, and calendars.
Who has authority to sell
- Trust property: The successor trustee acts under the trust. Title and escrow will ask for a trustee certification and relevant trust pages showing authority.
- Probate property: The personal representative shows authority through Letters Testamentary or Letters of Administration issued by the court. The court may set conditions, such as notice to heirs or court confirmation of the sale.
Common documents you’ll need
- Death certificate(s)
- Trust instrument and trustee certification, if a trust sale
- Letters Testamentary or Letters of Administration, if a probate sale
- A title report and payoff statements for any liens
- Court-required inventory or appraisal for probate
When court confirmation applies
Some California probate sales can close without a confirmation hearing if the court has already authorized the sale in advance. When court confirmation is required, expect additional time for notice, scheduling, and potential overbids in open court. Trust sales typically do not require court confirmation unless a dispute or trust language triggers court oversight.
Timelines and what affects them
- Probate sale timeline: Early steps like filing, inventory, and Letters can take weeks to a few months. Full probate administration often ranges from 9 to 18 months. If the sale requires court confirmation, add several weeks to months for noticing and a hearing. A smooth probate sale can take 4 to 9 or more months from listing to close. If confirmation is not required, it can be faster but still longer than a standard sale.
- Trust sale timeline: With clear trustee authority and clean title, a trust sale can often close on a normal market schedule, commonly 30 to 90 days from listing depending on buyer financing and contingencies.
Primary cost drivers include court filing and attorney fees in probate, personal representative fees, appraisal and accounting, holding costs such as taxes and insurance, and preparation costs like repairs, staging, and photography. Realtor commissions are customary and may require court approval in probate.
How I manage your estate sale, step by step
I run a structured, communications-first process designed to minimize surprises, keep beneficiaries aligned, and protect your timeline and net.
Phase A: Verify authority and gather documents
- Confirm your role and authority. I coordinate with your attorney and title to verify trust or probate documents.
- Collect key records: will or trust, death certificate, mortgage and tax statements, HOA docs, insurance, and any prior inspections.
- Encourage early consults with probate counsel and a CPA for fee, tax, and basis questions.
Phase B: Property assessment and valuation
- Coordinate a valuation or appraisal suitable for probate inventory if needed, plus a comparative market analysis for pricing.
- Order a preliminary title report to identify liens or encumbrances.
- Flag issues that may impact sale timing, such as unpaid taxes or HOA matters.
Phase C: Legal, tax, and local compliance
- Work with your probate attorney to confirm whether court confirmation will be required and to map necessary filings.
- Coordinate with your CPA on basis step-up, capital gains implications, and any estate filings.
- Check San Francisco tenant and rent control rules if the property is occupied. I reference San Francisco Rent Board guidance early to confirm notice and relocation requirements.
Phase D: Preparation, repairs, and disclosures
- Recommend strategic repairs or an as-is approach based on cost, timing, and expected return.
- Oversee professional photography, staging, and timeline-sensitive access. We handle personal items with care and can coordinate cleanout resources.
- Prepare required California disclosures and HOA packets. For statewide guidance, see the California Department of Real Estate consumer resources.
Phase E: Marketing and showing strategy
- Develop a respectful, story-driven marketing plan that highlights architecture, history, and neighborhood.
- Offer private-market options when discretion is important. This can include quiet outreach to prequalified buyers and select brokers.
- Set a showing protocol that balances exposure with privacy and security.
Phase F: Offers, negotiation, and acceptance
- Present and document all offers for your review. Keep beneficiaries informed as required.
- If court confirmation is needed, coordinate overbid rules and hearing steps with counsel.
- Negotiate terms that fit probate or trust requirements, including flexible escrow timelines if the court calendar is a factor.
Phase G: Escrow, closing, and distribution
- Work with escrow and title to ensure correct vesting, lien payoffs, HOA clearances, and prorations.
- Align closing documents with any court orders. Coordinate utility transfers and final condition steps.
- Provide a clear summary of proceeds for the representative to share with the estate’s accountant or attorney.
San Francisco factors to plan for
Tenant protections and occupancy
San Francisco has robust tenant protections and rent control. If tenants occupy the home, confirm required notices, possible relocation obligations, and timing before marketing. Early coordination with the San Francisco Rent Board and experienced tenant counsel helps you avoid costly missteps.
Historic districts and permits
Exterior changes, signage, or work on a landmark property may require review. Before making alterations, check the San Francisco Planning Department for historic preservation and permitting rules. If the property was used for short-term rental, confirm registration status and any tax items before transfer.
Privacy and PR-forward marketing
Some estates prefer a quiet sale to limit attention. I can create a private-market plan, limit public showings, and manage media inquiries. When appropriate, targeted outreach to architecture and design buyer networks can boost interest while respecting family wishes.
Taxes and your net proceeds
California does not impose a state estate tax. Federal estate tax applies only to larger estates. Many estates benefit from a potential step-up in cost basis at death, which can reduce capital gains upon sale. The details depend on facts and current law. Review the IRS overview on inherited property basis in Topic No. 703 and consult your CPA for your specific numbers.
What to bring to our first meeting
- Your Letters Testamentary or Letters of Administration, or trustee certification and relevant trust pages
- Death certificate(s) and the will or trust
- Recent mortgage, tax, and HOA statements
- Insurance policy information
- Any prior inspections, appraisals, or repair estimates
- A list of beneficiaries who need updates, plus your attorney and CPA contacts
Sample timeline snapshots
- Trust sale, clear title: 30 to 90 days from listing to close, depending on financing and contingencies.
- Probate sale without confirmation: faster than a confirmed sale but often longer than a standard transaction.
- Probate sale with confirmation: commonly 4 to 9 or more months from listing to close due to notice and hearing schedules.
These ranges are realistic starting points. I will tailor your plan to the court calendar, occupancy, repairs, and market conditions.
How I keep you informed and protected
- Clear weekly updates and a shared action plan so you always know what is coming next.
- Documented communications for beneficiaries and interested parties to reduce disputes.
- Privacy options, secure access, and vetted vendors for cleanout, repairs, and staging.
- Court-aware negotiations that protect your timeline and net proceeds.
If you are ready to discuss your next steps, I would be honored to help you navigate the process with care and precision. Connect with me at Darlene Perry to schedule a confidential consultation.
FAQs
Do I need probate to sell a San Francisco home I inherited?
- It depends on title. Trust-held property can usually be sold by the successor trustee, while individually owned property often requires probate. Review the California Courts probate overview and consult probate counsel for your situation.
Who signs the listing and purchase contracts in an estate sale?
- The person with legal authority signs. That is the successor trustee for trust sales or the personal representative with court-issued Letters for probate. Title and escrow will request proof of authority.
How long does a probate home sale usually take in San Francisco?
- A smooth probate sale can take 4 to 9 or more months from listing to close if court confirmation is required. Without confirmation, it may be faster but often longer than a non-estate sale due to court steps.
Can I sell the property as-is during probate or a trust sale?
- Yes. Buyers still receive required California disclosures, and pricing will reflect condition and market demand. Discuss whether targeted repairs or credits could improve your net.
What happens if beneficiaries disagree about selling the home?
- Disagreements can delay the sale and may require court resolution. Early, clear communication and documentation help, and your probate attorney can advise on options.
What San Francisco tenant rules should I know before listing an occupied property?
- San Francisco has strong tenant protections that affect notices, timing, and possible relocation payments. Start with the San Francisco Rent Board and engage qualified tenant counsel before taking action.
Where can I find official local probate information?
- Review the San Francisco Superior Court probate division for local rules, calendars, and contacts, and coordinate with your attorney on required filings.
