Can a trustee sell property without all beneficiaries approving?
Asked by: Breanne Brown | Last update: August 4, 2025Score: 4.9/5 (57 votes)
A trustee does not need beneficiary approval to sell trust property. However, a trustee who wants to avoid litigation would be wise to at least seek approval of the trust beneficiaries, and, at a minimum, be able to substantiate why the property was sold and how that sale benefited the trust beneficiaries.
Do all beneficiaries have to agree to sell a property?
In some cases, the executor can sell the house without getting the sign-off from all the heirs. For example, in California, if the executor can sell the property for at least 90 percent of its appraised value, they may have the authority to move forward with the sale.
Does a trustee have more power than a beneficiary?
And although a beneficiary generally has very little control over the trust's management, they are entitled to receive what the trust allocates to them. In general, a trustee has extensive powers when it comes to overseeing the trust.
Can an executor sell property of the estate without all beneficiaries approving?
In California, executors can make a move on estate property for themselves, but only in some instances and only with all the legal boxes ticked. This type of decision gets a very close look by the court because, let's face it, it's easy for conflicts of interest to pop up.
Can a trustee ignore a beneficiary?
A trustee may withhold money or assets from a beneficiary if they must focus on other responsibilities surrounding the estate. For example, if the estate becomes subject to a tax audit or litigation arises, a trustee may refuse to give beneficiaries their share of the assets until these issues are resolved.
Can a Trustee Sell Property Without All Beneficiaries Approving? | RMO Lawyers
What cannot a trustee do?
(i) A trustee cannot delegate their role to anyone else. (ii) A trustee cannot exercise their powers where their self-interest conflicts with their duties. (iii) A trustee cannot personally profit from their dealings with the trust property.
Who has the most power in a trust?
Generally speaking, once a trust becomes irrevocable, the trustee is entirely in control of the trust assets and the donor has no further rights to the assets and may not be a beneficiary or serve as a trustee. Who can serve as trustee?
Can an executor screw over a beneficiary?
Executors are bound to the terms of the will, which means they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.
Can an executor of a will evict a beneficiary from the property?
Note that California law requires that both a 30-day and 60-day notice contain specific required language to be valid. If the beneficiary does not vacate within the specified time period, the trustee can file forms in court to start an eviction case.
What happens when one sibling is living in an inherited property and refuses to sell?
If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.
Can a trustee withhold money from a beneficiary?
As previously mentioned, trustees generally cannot withhold money from a beneficiary for no reason or indefinitely. Similarly, trustees cannot withdraw money from a trust to benefit themselves, even if the trustee is also a beneficiary.
Who can override a trustee?
Removal by the trustor
A trust agreement should state the circumstances under which a trustee may be removed by the trustor. Trust agreements usually allow the trustor to remove a trustee, including a successor trustee. This may be done at any time, without the trustee giving reason for the removal.
Is being a trustee a big deal?
When you become a trustee, you take on a serious obligation and serious personal liability. By law, you now owe a “fiduciary duty” both to trust itself, and more importantly, to the trust's beneficiaries. Beneficiaries are the people who get stuff from the trust.
Can a trustee buy property from the trust?
The answer is yes. A trustee can purchase trust property. However, only if the transaction follows the rules outlined in the California Probate Code and the terms of the trust itself.
When beneficiaries don't agree?
If heirs disagree on how a will is being executed, they can challenge it. If a judge finds that it was not executed properly, they may prevent it from proceeding through probate.
Can an estate sue a beneficiary?
Certain scenarios might prompt an executor to initiate legal action against a beneficiary. Valid reasons for such action include breach of terms outlined in the will or unlawful interference in the execution process. Legal disputes could result in consequences for the involved beneficiaries.
Who has more power, executor or trustee?
In essence, while both roles are powerful within their domains, trustees often have more enduring and autonomous control over the assets they manage.
Can a beneficiary challenge an executor?
However, if a beneficiary believes that the executor is not following the terms of the will or are otherwise breaching their fiduciary duty, they have the legal right to ask the probate court to suspend or remove the executor and appoint a new executor.
What deed removes beneficiaries?
Deed of Release or Deed of Amendment
A Deed of Release also demonstrates the intention of a relinquishing beneficiary to be irrevocably removed as a beneficiary of a trust. The irrevocability of the Deed of Release is intended to ensure the removal is permanent.
Can an executor remove a beneficiary from property?
No, they're obligated to follow the will's directives. Beneficiaries chosen by the decedent remain unchanged. They can only be removed if parts of the will are invalidated, typically through a successful legal challenge. Executors must respect and implement the original wishes of the testator.
What overrides a beneficiary?
An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.
Can an executor decide who gets what?
To this end, executors are prohibited from altering the deceased's will. When it comes time to distribute assets to named beneficiaries, they may not change, override or ignore the will. Executors of estates are also discouraged from distributing assets to beneficiaries before the estate has been appropriately taxed.
Does a trustee get paid?
In exchange for their services, California Probate Code §15681 allows trustees to receive “reasonable compensation.” However, if the trust document itself specifies different pay arrangements, then under Probate Code §15680, trustees are legally entitled to be compensated according to the terms of the trust.
What is the biggest mistake parents make when setting up a trust fund?
One of the biggest mistakes parents make when setting up a trust fund is choosing the wrong trustee to oversee and manage the trust. This crucial decision can open the door to potential theft, mismanagement of assets, and family conflict that derails your child's financial future.
Who has more right, a trustee or the beneficiary?
A trustee typically has the most control in running their trust. They are granted authority by their grantor to oversee and distribute assets according to terms set out in their trust document, while beneficiaries merely reap its benefits without overseeing its operations themselves.