As an executor or trustee, you are a fiduciary—you have a legal duty to act in the best interests of the estate and its beneficiaries. This can be a daunting task, especially during a time of grief. Below are the practical steps I help my clients navigate across Burbank, Glendale, and the surrounding areas.
The First 30 Days: Securing the Assets
- Secure the Real Estate: Change the locks immediately. Ensure all windows are locked and the security system (if any) is active.
- Update Insurance: Contact the insurance agent to inform them of the owner's passing. Ask about a 'vacant home' endorsement if no one is living there.
- Manage Utilities: Keep electricity and water running, but consider turning off non-essential services like cable or internet.
- Mail and Maintenance: Forward the mail to your address. Arrange for continued lawn care and pool maintenance to keep the home looking lived-in.
- Notify Creditors: Locate the mortgage information and ensure payments remain current to avoid late fees or foreclosure.
Documents to Gather
You will need to provide these to the title company, your attorney, and potentially prospective buyers:
- The original Will or Trust document (and any amendments).
- Certified copies of the Death Certificate (order at least 5-10 copies).
- The most recent property deed and property tax bill.
- Mortgage statements, Homeowners Association (HOA) contact info, and recent utility bills.
- Any records of recent major home repairs or warranties (roof, HVAC, etc.).
Preparing for the Listing
Before the house hits the market, we need to ensure you are legally and practically ready:
- Legal Authority: Ensure you have your 'Letters' from the court (for probate) or have recorded the Affidavit of Death (for trust).
- Inventory and Clean-out: Identify items to be kept by the family, items to be sold at an estate sale, and items for donation/hauling.
- Value Opinion: I will provide a comprehensive market analysis to help you and the heirs agree on a realistic listing price.
- Inspections: In many cases, I recommend 'pre-inspections' for the roof and termites so we can address issues before a buyer finds them.
Next Steps for Families
Every family dynamic is different. Some siblings want to move quickly, while others need time to process the loss. I often act as a neutral third party, providing clear data and professional guidance to help families reach a consensus. For a more personalized look at your situation, please see my page on next step guidance.
Short guides: the questions that come up first
Should we clean out the house before calling anyone?
Not yet. Take photos of every room first, and set aside papers, keys, jewelry and anything with sentimental value. Before anything is donated or thrown away, it helps to know whether the estate will sell the house as-is or prepare it. Sometimes a full cleanout isn't the best use of the estate's money.
Can a family member stay in the house?
Sometimes, but put it in writing. An heir living in the home should understand who pays the utilities, insurance and upkeep, and when they'll need to move out. If they don't agree to leave, the sale can be delayed for months. The estate attorney can draft a simple occupancy agreement.
Do we need an appraisal?
In probate, the court's probate referee values the property. In a trust, the trustee usually gets a date-of-death appraisal for tax purposes. Your CPA will want it. I prepare a separate market analysis that shows what buyers are actually paying now, which is often different from the date-of-death figure.
What if the heirs live in different states or countries?
That's common, and everything can be handled remotely: electronic signatures, video walkthroughs and one shared update everyone receives at the same time. I can also work with Mandarin-speaking family members in their own language.
When should I call an agent?
Early is better. Before you spend money on repairs or empty the house, a quick walkthrough can tell you what's worth doing. You can book a free consultation. It comes with no obligation, and you'll leave with a written plan whether or not we work together.
Note: I am a real estate specialist and former attorney, not your legal counsel. The information above is for general guidance. Please consult with a qualified estate attorney and tax professional for legal and tax advice specific to your situation.