Probate vs. Trust Administration in San Francisco

Why this matters

Many San Francisco property owners hold their homes and rental buildings in a revocable living trust. When the owner dies, that property is usually handled by a successor trustee under the trust, not by an executor in probate court. The San Francisco Superior Court describes a living trust as a tool that can allow assets to be distributed without a probate proceeding. ¹

Side-by-side comparison

	Probate	Trust administration
Who's in charge	Personal representative (executor or administrator), appointed by the court ²	Successor trustee named in the trust
Court case required	Yes	Generally no, unless someone petitions the court ³
Typical length	9 to 18 months, sometimes longer ⁴	Depends on the trust and the assets; no court calendar
Statutory executor and attorney fees	Yes ⁵	Not under the probate fee schedule
Selling real estate	May require court confirmation and overbids, depending on authority ⁶	Trustee has power to sell, subject to the trust's terms ⁷
Notice to beneficiaries	Notices of hearings and, with IAEA, Notices of Proposed Action ⁸	Notification within 60 days after the trust becomes irrevocable ⁹
Property tax reassessment date	Date of death ¹⁰	Date of death, not the later distribution date ¹⁰

What a successor trustee does

Take control of trust property and keep it insured and maintained.
Serve the required notification. When a revocable trust becomes irrevocable because the settlor died, the trustee must serve notice on beneficiaries and heirs no later than 60 days after the event. ⁹
Watch the contest window. A person who receives the notification generally cannot bring an action to contest the trust more than 120 days after the notification is served, or 60 days after a copy of the trust terms is delivered to them during that 120-day period, whichever is later. ¹¹
Keep beneficiaries reasonably informed about the trust and its administration. ¹²
File the change in ownership statement (BOE-502-D) for any San Francisco real property. ¹⁰
Manage, sell or distribute trust property under the trust's instructions.

How a trust sale of real estate works

California law gives a trustee the power to acquire or dispose of property, for cash or on credit, at a public or private sale. ⁷ The trust document can expand or limit that power. California's court confirmation and overbid rules are written for sales of real property in a decedent's estate in probate. ⁶ As a result, most trust sales close on a normal timeline without a confirmation hearing, unless the trust requires court approval or a beneficiary asks the court to step in. ³

A few differences from an ordinary sale:

Fiduciary duties. The trustee owes duties to all beneficiaries, so pricing decisions should be documented, often with a broker's opinion of value or an appraisal.
Disclosures. Sales by a fiduciary administering a trust are exempt from the Transfer Disclosure Statement and Natural Hazard Disclosure Statement rules, except when the trustee is an individual trustee of a revocable trust who is a former owner or recent occupant of the property. Other disclosure requirements may still apply. ^{13, 14}
Beneficiary conflict. If beneficiaries disagree about whether or how to sell, any trustee or beneficiary may petition the probate court about the internal affairs of the trust. ³ Free, court-connected mediation is also available for some disputes. ¹⁵

When trust property ends up in probate court anyway

Property left out of the trust. If a San Francisco property was never deeded into the trust, it may need probate. A trustee can sometimes ask the court to confirm the trust's ownership through a petition under Probate Code §850, often called a "Heggstad" petition. San Francisco does not hear these petitions ex parte. ^{16, 17}
Disputes. Questions about interpreting the trust, the trustee's conduct, or accountings can be brought to the probate court. ³
Co-owner disputes after distribution. If a property is distributed to several beneficiaries as co-owners and they cannot agree, a partition action is possible. See our sister guide on San Francisco partition actions at partitionssanfrancisco.com.

Pour-over wills

A pour-over will directs any property left outside the trust into the trust at death. It does not by itself avoid probate for those assets. California's self-help guide notes that a will alone does not keep an estate out of probate. ¹⁸

Do you need a probate attorney for a trust?

Not always, but trustees often benefit from legal advice on notices, taxes, accountings and distributions. You can find a State Bar certified specialist in Estate Planning, Trust and Probate Law through the State Bar of California. ¹⁹

Selling a trust property in San Francisco

Trust sales of San Francisco rental buildings involve the same tenant rules as any sale: rent control and eviction protections continue, and tenants must receive written disclosures about the sale. ^{20, 21} An agent experienced with fiduciary sales can help the trustee document pricing for beneficiaries. See our Featured Specialist for trust sale examples.

Sources

San Francisco Superior Court, Trustssf.courts.ca.gov
San Francisco Superior Court, Wills and Decedents' Estatessf.courts.ca.gov
California Probate Code §17200leginfo.legislature.ca.gov
California Courts Self-Help Guide, "Overview of formal probate"selfhelp.courts.ca.gov
California Probate Code §10800leginfo.legislature.ca.gov
California Probate Code §10308leginfo.legislature.ca.gov
California Probate Code §16226leginfo.legislature.ca.gov
California Probate Code §10586leginfo.legislature.ca.gov
California Probate Code §16061.7leginfo.legislature.ca.gov
SF Assessor-Recorder, "A guide to property matters following an owner's death"sf.gov
California Probate Code §16061.8leginfo.legislature.ca.gov
California Probate Code §16060leginfo.legislature.ca.gov
California Civil Code §1102.2leginfo.legislature.ca.gov
California Civil Code §1103.1leginfo.legislature.ca.gov
San Francisco Superior Court, Probate Pro Bono Mediation Programsf.courts.ca.gov
California Probate Code §850leginfo.legislature.ca.gov
San Francisco Superior Court, Local Rules of Court (probate ex parte guidelines)sf.courts.ca.gov
California Courts Self-Help Guide, "Guide to property after someone dies"selfhelp.courts.ca.gov
State Bar of California, Find a Certified Specialistcalbar.ca.gov
SF Rent Board, "Learn about San Francisco rental laws"sf.gov
San Francisco Rent Ordinance §37.9(k)sf.gov

Probate vs. Trust Administration: What Changes When There's a Living Trust