Can a Trustee Sell Trust Real Estate?

By James H. 10/07/2022

The answer to this question is yes, a trustee can sell real estate in a trust. However, there are a few things that the trustee should keep in mind when selling real estate in a trust.

A trust is an arrangement in which one person (the trustee) holds legal title to property for another person (the beneficiary). The beneficiary has the right to use the property but not to sell it. The first thing that the trustee should keep in mind is that they should get the consent of all of the beneficiaries of the trust before selling the real estate. If the trustee does not get the consent of all of the beneficiaries, they may be in breach of their fiduciary duty.

The trustee should also make sure that they get a good price for the real estate. The trustee should not sell the real estate for less than its fair market value.

The trustee may be an individual, a corporation, or a bank. There are many types of trusts, but the two most common are revocable and irrevocable trusts. A revocable trust can be altered or revoked by the grantor at any time, while an irrevocable trust cannot be changed once it has been created. If you are the grantor of a trust and you want to sell the property that is held in the trust, you will need to work with the trustee. 


Finally, the trustee should make sure that they follow all of the appropriate procedures when selling real estate. This includes making sure that they have the appropriate paperwork filed with the appropriate government agencies. 

Find local Real Estate Attornies to help you with your case.



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