Settling an estate or trust can feel overwhelming, especially when a home in San Carlos is involved. You want to do the right thing, keep clean records, and move forward without surprises. In this guide, you’ll learn exactly how a probate or trust sale works in San Mateo County, what documents to gather, how long things can take, and how our team coordinates each step so you can focus on your bigger responsibilities. Let’s dive in.
Probate vs. trust sales: what to expect
Probate and trust sales follow different paths in California. In a probate sale, the property was typically in the decedent’s name and the court oversees the estate. The personal representative may need court authority to sell and, in some cases, a court confirmation and overbid process apply. For a clear overview, see the California Courts probate basics and timelines.
In a trust sale, the property is titled in a trust and the trustee sells under the trust terms. When the trust grants sale authority, there is usually no court involvement. Title companies commonly rely on a Certification of Trust and trustee signatures.
Local practice follows the San Mateo County Superior Court Probate Division. Filing calendars, local forms, and procedures can affect timing, so it helps to review the San Mateo County Superior Court Probate Division resources while you plan.
Our end-to-end process in San Carlos
Step 1: Confirm authority and assemble the team
We start by verifying who can sign and what the court or title company will require. For probate, that usually includes certified death certificates, the will if any, and Letters Testamentary or Letters of Administration. For trust sales, we obtain the Certification of Trust, trustee identification, and any relevant trust excerpts.
If a bond is required in probate, we coordinate with your attorney to confirm status. We also loop in a dedicated title officer early, so potential title issues are identified long before you go to market.
Step 2: Value and prepare the property
You receive a comparative market analysis, and when needed, we help arrange a certified appraisal that can support court filings or reporting. We walk the property with vetted vendors to flag safety items, deferred maintenance, and cost-effective updates.
Disclosures are prepared to California standards, including the Natural Hazard Disclosure and any local forms, plus probate-specific items the estate must provide. We can coordinate clean-out, minor repairs, staging, and hazard abatement if the home is vacant or needs work.
Step 3: List and market with intention
We position the home for maximum exposure across the MLS and our luxury distribution channels. Our media-first approach includes single-property microsites, professional video, drone, and 3-D tours that reach buyers beyond standard portals. You receive a clear calendar for photography, launch timing, and open houses.
For probate sales requiring court confirmation, we include the language and timelines the court expects. We use appropriate California Association of Realtors purchase agreements and addenda tailored to probate or trust sales. For practical guidance on forms, see the California Association of Realtors.
Step 4: Manage offers, court steps, and escrow
- Probate with independent authority. If the personal representative has independent administration authority, the sale often moves like a conventional escrow. We manage contingencies and disclosure timelines while title verifies authority and clears liens.
- Probate with court confirmation. If court confirmation is required, we help the fiduciary file the petition for confirmation after an offer is accepted. The court sets a hearing and an overbid period. Qualified buyers may overbid at the hearing, and escrow timing is adjusted to fit this schedule. For local procedures, review the San Mateo County Probate Division.
- Trust sale. The trustee signs as trustee, and title relies on the Certification of Trust. Without court steps, escrow typically moves faster.
Throughout, you receive a written analysis of offers, net sheets, and clear recommendations based on your goals and any legal constraints.
Step 5: Close and document the file
We coordinate title clearance, lien payoffs, commission payments, and escrow instructions that direct proceeds to the estate or trust account. Once closed, we provide a packet of receipts and documents for your records.
For probate estates, proceeds are held for creditor claims and distributed per the will or court order. Your attorney may complete a final accounting and petition for distribution.
Timing, costs, and taxes
How long it typically takes
- Trust sale. Marketing often runs 2 to 8 weeks, and escrow commonly takes 30 to 45 days once an offer is accepted. Complex repairs or payoffs can extend that timeline.
- Probate sale. Estate administration can take 9 months to 2 or more years depending on complexity. If court confirmation is required, additional weeks or months are needed for notice and the hearing. For general expectations, see the California Courts probate basics.
Every case is unique. We build a realistic schedule after reviewing authority, title, and property condition.
Cost categories to plan for
- Real estate commissions, standard escrow and title fees, transfer taxes
- Probate attorney and personal representative fees if applicable, plus court filing and publication costs
- Appraisal, CPA or accounting services for estate or trust returns
- Repairs, clean-out, staging, utilities, and hazard abatement, especially if the home is vacant
- Bond premiums and other case-specific fees if required by the court
We help you compare options and allocate spending to items that protect the estate and improve marketability.
Tax and property tax notes
Inherited property generally receives a step-up or step-down in basis to fair market value at the date of death. This can reduce capital gains if the sale price is close to that value. For rules on basis, see IRS Publication 551.
California does not have a state inheritance tax, and federal estate tax applies only to large estates. For property tax reassessment under Proposition 19, and to review possible exclusion eligibility, consult the San Mateo County Assessor. Always coordinate with your attorney and CPA on legal and tax decisions.
Communication you can count on
- Intake, days 0 to 3. We meet with the fiduciary and attorney if applicable, review documents, and deliver a written roadmap with a document request list.
- Weekly pre-listing updates. You receive status reports on repairs, valuations, disclosures, and target market date.
- At listing. We share the marketing plan, open house schedule, and offer expectations.
- Upon offers. We notify you immediately and provide a written side-by-side analysis with our recommendation.
- If court confirmation is required. We set expectations for filing, hearing dates, and the overbid process, then update you after each milestone.
- During escrow and post-closing. We provide weekly escrow updates and deliver a final packet of receipts for the estate or trust file.
We can accommodate long-distance fiduciaries with virtual walkthroughs, e-signing where allowed, and a single point of contact to streamline communication.
Practical checklist for executors and trustees
Gather these items early to save time:
- Certified death certificates
- Original will and any codicils, or trust document and Certification of Trust
- Letters Testamentary or Letters of Administration if probate
- Recorded deed, recent mortgage statements, and any lien documents
- Latest property tax bill and the assessor’s parcel number
- Insurance policies, utility accounts, keys and codes
- Prior appraisal, inspection reports, and repair estimates
- HOA documents if applicable
- Personal representative or trustee identification and contact details
- Personal property inventory for clean-out or estate sale coordination
- Documents supporting any claimed exclusions, such as Proposition 19 forms
Red flags we surface early
- Disputes among heirs or questions about authority to sell
- Unrecorded liens, tax liens, or judgments that cloud title
- Environmental hazards, code issues, or property conditions that limit financing
- Missing signatures or funding problems when a trust was not properly set up
By flagging these issues at intake, we can adjust the plan, set accurate timelines, and prevent last-minute surprises.
Ready to take the next step?
Whether you are an executor navigating probate or a trustee ready to list, you deserve a clear plan and a steady hand. Our founder-led team pairs San Carlos market expertise with a concierge, media-first listing engine, so you get meticulous preparation and broad buyer reach. If you want a calm, accountable process from authority verification through closing, connect with the Watson Marshall Group.
FAQs
What is the difference between a probate sale and a trust sale in San Carlos?
- Probate is court-supervised and may require confirmation and overbids, while a trust sale is managed by the trustee under the trust terms with no court involvement if the trust grants sale authority.
Who signs the contract and closing documents in estate or trust transactions?
- The personal representative signs for a probate estate, referencing Letters as needed, and the trustee signs for a trust using a Certification of Trust.
How long does it take to sell a home through probate versus a trust?
- Trust sales often follow conventional timelines, while probate administration can take 9 months to 2 or more years, with added time if court confirmation is required.
Do courts have to approve real estate commissions in probate sales?
- In some probate cases, commissions are reviewed or approved by the court, so discuss specifics with your attorney and plan accordingly.
How are sale proceeds handled for estates and trusts?
- After paying valid expenses and claims, proceeds are directed to the estate or trust and then distributed per the will, trust, or court order.
What tax rules apply to inherited property when selling?
- Inherited property generally receives a step-up or step-down in basis to date-of-death value, and Proposition 19 may affect property tax reassessment; consult IRS Publication 551 and the San Mateo County Assessor for details.