Trust and Probate Real Estate

As of 2026, the threshold for requiring formal probate in California has been updated. If the total value of a deceased person's estate—excluding assets in a living trust or with named beneficiaries—exceeds $184,500, probate is generally required. However, for deaths occurring after April 1, 2025, a new streamlined process (AB 2016) allows primary residences valued up to $750,000 to bypass full probate using a simplified petition, significantly speeding up the sale process for Sacramento families.

Yes, if the Executor or Administrator has "Full Authority" under the Independent Administration of Estates Act (IAEA). In most Sacramento County cases, this allows you to list and sell the property similarly to a traditional sale without a court confirmation hearing. If the representative has "Limited Authority," the sale must be confirmed in a public overbid process at the William R. Ridgeway Family Relations Court, which typically adds 60–90 days to the timeline.

Selling a home in a Trust is generally faster and more private than probate. The Successor Trustee has the legal authority to sell the property without court oversight. To begin a trust sale in Elk Grove or Sacramento, you must provide the title company with a Certification of Trust and a formal Death Certificate. Jillian Robinson recommends obtaining written consent from all beneficiaries before the sale to protect the Trustee from future liability regarding the sale price.

Every probate case in Sacramento requires a Probate Referee—a court-appointed official who determines the Fair Market Value (FMV) of the real estate. The property cannot be sold for less than 90% of this appraised value without additional court approval. This appraisal is critical because it establishes the "stepped-up basis" for capital gains tax, potentially saving heirs thousands of dollars when the property is sold.

In California probate, real estate commissions are negotiable and are typically paid out of the estate's proceeds at the close of escrow. For sales requiring court confirmation, the judge must approve the commission as part of the "Order Confirming Sale." Jillian Robinson provides the structured documentation and "Report of Sale" required by Sacramento judges to ensure the transaction remains transparent for all beneficiaries.

Yes. Starting January 1, 2026, California law requires specific disclosures if listing photos have been digitally altered or AI-generated. For probate and trust sales, where "as-is" condition is common, Jillian Robinson ensures all marketing materials clearly distinguish between "virtual staging" and the property's physical state to remain compliant with the 2026 Real Estate Transparency Act.