Trustee & Executor Reference · California
Documents to Gather
Before Selling Inherited
California Real Estate
By William B. Plevy, California Attorney & Real Estate Broker · DRE #01956776 · Published July 2026
Reference checklist only. The specific documents required for your situation depend on the trust or estate structure, the type of transfer, and the buyer's requirements. Consult a qualified California attorney regarding your specific case.
Trustees and executors selling inherited California real estate often discover, weeks into the process, that they are missing critical documents. Get these together up front and the sale goes smoothly. Miss them and the transaction stalls at escrow.
Every California trust or probate sale runs on documentation. The listing agent needs certain documents to properly represent the property. The title company needs others to insure clean title. The buyer's lender needs still others to underwrite the loan. Missing any of these can delay closing by weeks, complicate title insurance, or in worst cases kill a deal.
The trustee or executor should gather everything on this list before listing the property. This up-front investment of time typically saves multiples of that time later in the transaction.
The checklist below organizes documents into six categories. Not every item applies to every case. Some are strictly necessary. Some are useful to have. Where relevant, items are tagged accordingly.
Property Records
Current recorded deed Required
The most recent deed showing ownership in the decedent's name. Obtain from the county recorder if not in the family's files. This confirms how title was held (individual, joint tenancy, trust, community property).
Title insurance policy from purchase
The owner's title insurance policy from when the decedent bought the property. Useful for the escrow company and for identifying prior title exceptions that may still affect the property.
Property tax bills (last three years) Required
Confirms assessed value, tax status, and any Prop 13 base year. Bills are available online from most California county tax collectors.
Mortgage statements (most recent) Required
Current mortgage balance, monthly payment, escrow status. Needed for payoff at close of escrow. Also identifies any second mortgages, home equity lines, or reverse mortgages.
HOA documents (if applicable)
Current statement of dues, any pending assessments, HOA rules, CC&Rs, and history of paid or unpaid assessments. California HOAs typically must provide these on request.
Homeowner insurance policy and claims history
Current declarations page and any recent claims. Insurers often require notification of transfer, and claims history can affect what disclosures are needed to buyers.
Original purchase closing documents
The HUD-1 or Closing Disclosure from when the decedent purchased the property. Useful for establishing original purchase price for family reference (though not needed for stepped-up basis, which uses date-of-death value).
Prior appraisals or CMAs
Any recent appraisals or comparative market analyses on the property. Helpful context for valuation but usually not sufficient for date-of-death valuation on their own.
Utility bills and account information
Current utility accounts to be transferred or closed at sale. Also helps buyers understand typical utility costs.
Estate or Trust Documents
Death certificate (certified copies) Required
Order at least 10 to 15 certified copies. Needed for title, escrow, tax authorities, and record purposes. Cheaper to order all at once than in batches.
Original signed trust document (if trust-owned) Required
The complete trust document including all amendments. Trustee authority to sell derives from this document. Escrow will need to review it.
Certification of Trust Required for trust sales
A short document (per California Probate Code Section 18100.5) summarizing key trust provisions. Preferred by title companies over the full trust document because it protects trust privacy while confirming trustee authority.
Letters Testamentary or Letters of Administration Required for probate sales
Court-issued document formally appointing the executor or administrator. Provides authority to sign on behalf of the estate. Must be current (usually within 60 days for title purposes).
Order for Probate
The court order opening the probate case. Confirms the case is properly established and the appointment is valid.
Order confirming IAEA authority (if applicable)
If the executor has Independent Administration of Estates Act authority, the order confirming full or limited authority. This determines whether court confirmation is needed for the sale.
Court order authorizing sale (if court confirmation required)
For probate sales requiring court confirmation, the order approving the sale after the confirmation hearing. Not needed if IAEA full authority applies.
Will (if any)
The decedent's will, if applicable. Even if title is being transferred through non-probate means, the will confirms intent and may be relevant to beneficiary identification.
Trust amendments (if any)
All amendments to the trust, in order. The trust as amended controls, and title companies need to see the complete document chain.
Successor trustee acceptance
Written acceptance by the successor trustee of the trust responsibilities. Sometimes required by title companies to confirm the successor trustee has formally accepted.
Small estate affidavit (if applicable)
If title is being transferred via California's small estate procedures (probate, non-probate small estate affidavit, or the new AB 2016 primary residence petition), the operative document establishing the transfer authority.
DE-310 Petition to Determine Succession (if applicable)
For qualifying primary residences under $750,000 (post-AB 2016), the court order granting the petition transfers title without full probate. This order takes the place of Letters for the sale.
Financial and Tax Records
Date-of-death appraisal or valuation Highly recommended
Formal appraisal establishing fair market value as of date of death. Supports stepped-up basis, probate inventory, and Prop 19 analysis.
Estate or trust EIN (Tax ID Number) Required
Federal Employer Identification Number for the estate or trust. Required for opening bank accounts, receiving sale proceeds, and filing tax returns. Obtain from IRS if not already assigned.
Recent property tax payment records
Proof that property taxes have been paid current. Escrow will verify this at close but pre-clearing helps.
Mortgage payoff quote (as of anticipated close)
Official payoff quote from lender, including interest and any prepayment penalties, calculated as of the anticipated closing date. Update as closing approaches.
List of estate or trust liabilities
All debts the estate or trust owes. Some may need to be paid from sale proceeds. Others may be handled separately.
Recent bank statements for estate or trust account
Shows administration expenses, income to the estate, and available cash. Not required for the sale but useful for coordination.
Prop 19 exclusion documentation (if any child moved in)
Filed BOE-19-P and BOE-19-B forms if a child is claiming the exclusion. Confirms the property is being transferred to the child before sale.
Physical Property Documents
Set of keys and access codes
All keys, garage remotes, alarm codes, gate codes, mailbox keys. Needed for showings, inspections, and eventual transfer to buyer.
Warranties on major systems and appliances
Warranties for HVAC, water heater, roof, appliances, and other systems. Transferable warranties can be marketed to buyers.
Recent inspection reports
Any home inspection, termite inspection, roof inspection, or pest control reports from the past few years.
Permits and improvement records
Building permits for any additions or major improvements. Required disclosure to buyers. Unpermitted work is a significant sale complication in California.
Recent utility bills
Electric, gas, water, sewer bills. Helps buyers estimate operating costs.
Solar panel or lease documents (if applicable)
Solar leases, PPAs, or ownership documents. Solar arrangements affect sale terms and buyer financing.
Well or septic documentation (if applicable)
Recent well testing or septic pumping records for rural properties. Often required by buyers and required for certain financing.
Manufacturer and service records
Records showing regular servicing of HVAC, water heater, roof cleaning, and other maintenance. Demonstrates property has been maintained.
Recent photographs of the property
If the property has recently been damaged or altered, before-and-after photos support insurance claims and buyer disclosures.
California Disclosure Documents
Transfer Disclosure Statement (TDS) exemption analysis Required
California trust and probate sales are generally exempt from the TDS requirement, but the exemption should be documented in writing. This is a common source of confusion.
Natural Hazard Disclosure Statement (NHD) Required
Required for essentially all California residential sales including trust and probate sales. Typically ordered through a natural hazard disclosure company for approximately $100.
Lead-based paint disclosure (for pre-1978 homes)
Federal requirement for homes built before 1978. Applies to trust and probate sales.
Local/city required disclosures
Various California cities and counties require specific local disclosures (water heater bracing, smoke detector compliance, sewer laterals, energy audits). Depends on jurisdiction.
Preliminary title report
Ordered by the seller or agent early in the process. Reveals liens, easements, judgments, and title issues that need to be cleared before sale. Better to identify these before listing than after opening escrow.
Advance disclosure of known material facts
Even where the standard TDS is exempt, sellers still have obligations to disclose material facts. Compile any known issues (past floods, foundation issues, boundary disputes, disputes with neighbors) in writing.
Coordination Documents
Attorney contact information
Current California attorney handling the estate or trust. The listing agent and title company will coordinate with the attorney throughout the transaction.
List of all beneficiaries or heirs with contact information
Full names, addresses, phone numbers, and emails for all beneficiaries. Some sales require beneficiary consent or notice, and disbursements go to specific beneficiaries.
Trust or estate accounting
Current accounting showing administration income, expenses, and balances. Trustees may need to provide this to beneficiaries before sale approval.
Notices of Proposed Action (if using IAEA authority)
If selling through IAEA authority under probate, the Notice of Proposed Action (DE-165) to affected beneficiaries. Requires 15 days advance notice.
Beneficiary consents to sale (if requested)
Written consents from beneficiaries to the sale, particularly if terms are unusual or if the sale price is below appraised value. Protects the trustee.
Common Missing Documents
Certain documents are commonly missing, and each has a workaround:
Original trust document. If the original cannot be located, a copy plus supporting evidence (bank records showing account titled to the trust, deeds showing property titled to the trust) may be sufficient to establish the trust exists. Consult the attorney.
Original recorded deed. Get a certified copy from the county recorder. Every California county maintains recorded documents and will produce copies for a fee.
Death certificate. Order from the California Department of Public Health Vital Records or the county where the death occurred. Typically takes 4 to 8 weeks; can be expedited for a fee.
Old property tax bills. Available online from most California county tax collectors, often searchable by parcel number or property address.
Purchase closing documents from decades ago. Often lost. Not usually critical since date-of-death value (not original purchase price) drives stepped-up basis.
Store Everything Digitally
Scan every document as you gather it and store in an organized folder structure. Cloud storage (encrypted) protects against loss. Once assembled, the same set of documents supports the listing agent, escrow, buyer's lender, buyer's inspector, and any court filings. Delivering documents piecemeal creates opportunities for confusion and delay.
Timing: When to Start Gathering
Start gathering documents in month one after death, before you know whether the property will be sold. Some documents (death certificates, trust originals) take weeks to obtain. Others require formal appointment of the fiduciary before they can be requested.
A rough timeline:
- Week 1 to 2: Order death certificates. Locate trust document, will, deed, property tax bills, mortgage statements, insurance policy.
- Week 3 to 4: Order preliminary title report. Contact HOA if applicable. Obtain EIN for the estate or trust.
- Month 2 to 3: Receive Letters Testamentary or file trust certification. Get date-of-death appraisal. File Prop 19 forms if applicable.
- Before listing: Compile the complete document package. Order NHD report. Prepare disclosure documentation.
- At listing: Deliver complete document package to listing agent.
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William B. Plevy, California Attorney & Real Estate Broker · DRE #01956776
William is a California attorney and licensed real estate broker who founded Wolf Allies to connect families with specialists in trust, probate, and inherited property sales. Wolf Allies is a real estate referral platform, not a law firm.