Can a Successor Trustee Sell Property Without Beneficiary Approval in California?
Generally, yes. A California trustee who has authority under the trust and applicable law to sell trust real property ordinarily does not need unanimous beneficiary consent merely because beneficiaries disagree with the sale. Probate Code §16226 gives trustees statutory power to dispose of trust property, but that authority remains subject to the trust instrument and the trustee's fiduciary duties. Beneficiaries still have important rights. Trustees must keep beneficiaries reasonably informed about the trust and its administration under Probate Code §16060, and a beneficiary may seek court relief if the trustee is exceeding authority, violating the trust, breaching fiduciary duties, engaging in self-dealing, or otherwise acting improperly. A beneficiary's disagreement by itself, however, is not the same thing as a legal veto over an authorized sale.
Going Deeper
Beneficiaries have the right to be informed of significant trust actions and can object, but objecting and blocking are different things. The trustee has authority; the beneficiary has the right to seek court review. As long as the trustee is acting within their authority, following the trust's instructions, and meeting their fiduciary duty, a single beneficiary's disapproval does not stop the sale.
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