While many clients and general agents use the terms “Probate Sale” and “Trust Sale” interchangeably, selling a property held in a Revocable Living Trust versus one in full Probate under the Independent Administration of Estates Act (IAEA) requires fundamentally different workflows and documentation. Attorneys recognize that this difference is key to efficiency.

 

The Speed and Pressure of the Trust

 

A Trust sale is generally faster because the property is not subject to direct court supervision. If the Trustee has full powers, we can often bypass the need for court confirmation and overbidding, leading to a much quicker close.

 

However, the Trustee often faces immense pressure from beneficiaries to “prove” they got the highest possible price, as there is no judge to stamp approval on the valuation or the sale price. A disgruntled beneficiary can still threaten litigation against the Trustee for breach of fiduciary duty.

 

Our Defense Protocol for Trustees

 

To mitigate the Trustee’s liability, we build a comprehensive “Defense File.” This file includes meticulous documentation of:

 

• The intensity of marketing efforts (how many platforms are used).

 

• The number of showings and prospective buyers contacted.

 

• A summary of all offers received, clearly detailing why the highest offer was the best qualified (e.g., all-cash, no contingencies).

 

This provides you, the attorney, with a ready-made evidence package proving that the Trustee acted with the highest degree of due diligence and secured fair market value, effectively insulating them from future legal challenges.

 

Protect your Trustee clients from beneficiary challenges. Schedule a complimentary consultation to review our “Defense File” protocol for your next Trust sale. We streamline the process and offer an integrated Mobile Notary Service.