Will Flannigan Real Estate

Practical Support

Executor & trustee resources for Probate and Trust home sales

Managing a loved one's estate is a major undertaking. These checklists and guides are designed to help you organize your tasks, protect the estate assets, and move toward a successful sale of the real estate.

Written by Will Flannigan, DRE #01951292 · Certified Trust & Probate Specialist · Former attorney · Last updated

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

Documents to Gather

You will need to provide these to the title company, your attorney, and potentially prospective buyers:

If some of these are missing, that is normal and recoverable. Deeds and tax records can be pulled from the applicable county recorder, and permit history from the local city building department.

Preparing for the Listing

Before the house hits the market, we need to ensure you are legally and practically ready:

Caring for a vacant property

A vacant home deteriorates faster than people expect, and the risks are specific: irrigation failures that kill mature landscaping, brush growth that may violate local wildfire clearance requirements, and pools that go green and become a liability. Set a schedule early — someone walking the property weekly, gardening continuing, and pool service maintained — even if a sale is a year away.

Clearing the contents

This is often the hardest part emotionally and the easiest logistically. The usual approach: family members take keepsakes first, an estate sale company handles anything with resale value, and a clean-out crew removes the remainder. Many estate sale companies will absorb the cost of the final clear-out in exchange for the sale rights. I keep a list of companies who do this work across Burbank, Glendale, Pasadena, San Marino, La Cañada Flintridge and the Hollywood Hills with genuine care for the family.

Who you may need

I can introduce you to any of these across the areas I serve, with no expectation that you list with me. A good referral list is genuinely useful even to families who decide to keep the property.

Deciding whether to sell

Keeping a family property can be the right answer. Price it honestly first: carrying costs, property tax reassessment risk under Proposition 19, deferred maintenance on the house, and how a buyout of other heirs would be funded. I will put both paths on paper with real numbers so the decision is made on facts.

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. Most paperwork can be signed electronically. Anything that needs a notary can be signed with a mobile notary where you live, or at a U.S. consulate if you're overseas. I also send 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.

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Practical Estate Management FAQ

What should I do if the house is vacant?

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Securing a vacant home is a top priority. Ensure all doors and windows are locked, set light timers, and notify the insurance company. Standard homeowner policies often have exclusions for homes vacant for more than 30 or 60 days; you may need a specialized 'vacant home' policy.

Do I have to clean out the entire house before listing?

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Not necessarily, but a cluttered home is harder to sell and value. I usually recommend a 'broom clean' standard at minimum. We can coordinate with professional estate sale companies or hauling services to handle the bulk of the work so you don't have to.

Can you help if I live out of state?

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Absolutely. Many of the executors and trustees I work with live outside of California. I act as your local 'boots on the ground,' managing everything from vendor repairs to mail collection and property inspections, keeping you updated via video calls and clear written reports.

What if there is a mortgage on the property?

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You should continue to make the mortgage payments from estate funds if possible to avoid foreclosure. We will need to contact the lender to request a payoff demand once we are in escrow. I can assist in communicating with the lender once you have your 'Letters' or trustee authority.

Do you provide services in Mandarin Chinese?

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Yes. I am fluent in Mandarin and can explain the entire California trust and probate real estate process to heirs or family members who are more comfortable communicating in Chinese.

What should we do in the first 30 days?

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Order ten certified copies of the death certificate, secure and insure the property, locate the trust or will, stop mail forwarding and automatic payments where appropriate, and speak with an estate attorney before making irreversible decisions. Nothing about the house needs to be decided in the first month.

Do we need an estate attorney?

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For a straightforward trust with a clear successor trustee, sometimes not. For probate, for any disagreement among heirs, or for an unclear or amended trust, yes — and early. I can refer attorneys across Burbank, Glendale, Pasadena, San Marino, La Cañada Flintridge and the Hollywood Hills who handle these matters routinely.

What if heirs disagree about selling?

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This comes up often, and it is worth addressing directly rather than letting it stall the estate. I can put clear numbers on paper — carrying costs, likely sale price, the cost of a buyout — so the decision is made on facts rather than tension. For court-supervised probate, the court process itself provides a structured way to resolve some disagreements.

Video Interviews & Guides

Inherited a Home With a Tenant Still Living There?

Los Angeles attorney Sasha Struthers explains how cash-for-keys agreements work, what they typically cost, how a tenant can be paid from escrow in a probate or trust sale, and the mistakes that can void a deal.

What is cash for keys?

A negotiated agreement where an owner pays a tenant to move out voluntarily by an agreed date instead of going through eviction.

Should I offer cash for keys if my tenant has stopped paying rent?

Attorney Sasha Struthers warns against it; in that situation a proper eviction is usually the safer path. Talk to a landlord-tenant attorney first.

Can a tenant be paid from escrow in a probate or trust sale?

Yes, it can be structured that way; see the full article for details and talk to your attorney.

Selling a Long-Held Family Home? Read This Before You Pay Capital Gains.

CFP Bob Birgen walks through a real-numbers example of how a charitable remainder trust can eliminate capital gains tax at sale, increase lifetime income, and still leave an inheritance for your children.

What is a charitable remainder trust (CRT)?

An irrevocable trust, in the tax code since 1969, that can sell an appreciated asset without immediate capital gains tax, pay income to the owners, and leave the remainder to charity.

Is a CRT right for everyone?

No. It is a strategy for certain owners with large gains and charitable intent; get advice from a CPA, CFP and attorney before listing.

Do the kids still inherit?

Some families pair a CRT with life insurance funded by the extra income; see the full article.

Selling an Inherited or Long-Held Home? You Can Spread the Tax Over Years.

John Dudek explains structured installment sales: the buyer pays in full, a life insurance company pays you on your schedule, and your capital gain is spread across lower tax brackets. Includes a real case study.

What is a structured installment sale?

The buyer pays in full at closing and the proceeds are paid to you over a schedule you choose, backed by a life insurance company.

Does it work on a primary residence?

Yes, unlike a 1031 exchange; but it must be set up before you list the property.

Is this tax advice?

No. Consult a qualified attorney or CPA.

General educational information only. Will Flannigan is a licensed California real estate agent, not an attorney, tax advisor or financial planner. Consult qualified professionals.

Will Flannigan · DRE #01951292 · The Nell Team at Equity Union Real Estate
310-920-1108 · flanniganhomes@gmail.com

Guides for out-of-state heirs

Selling an Inherited California Home When You Live Out of State

Heirs can usually sell a California home without moving back. The first step is confirming who has authority to sign: a successor trustee, a court-appointed executor or administrator, or someone using a simplified petition — for deaths on or after April 1, 2025, a primary residence worth up to $750,000 may qualify for a petition instead of full probate. If the person who died lived outside California, the house may need ancillary probate in the county where it sits. Escrow documents can be signed with a notary where you live, and California may withhold 3⅓% at closing unless an exemption applies.

Read the full guide →

Related Articles

Selling Trust Property in Los Angeles: A Complete Guide

A guide for successor trustees on selling a home held in a trust. Covers trustee duties, how a trust sale differs from a probate sale, the certification of trust, capital gains considerations, and handling an existing mortgage.

Related Sites: Will Flannigan, Burbank Real Estate Agent · WillFlanniganRealEstate.com · CaliforniaInheritedProperty.com · BurbankRanchoRealtor.com · BurbanksBestNeighborhoods.com · GlendalesBestNeighborhoods.com · MandarinSpeakingRealEstateAgent.com

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Managing an estate is a full-time job on top of your existing life. As a trust and probate specialist, I handle the logistics—from vendor coordination to court-compliant marketing—so you can focus on your family.Contact me for a checklist tailored to your property.