Trust Sale Title Checklist (California)
Reviewed by Matt Goeglein & Xavier de la Piedra IV — Fidelity National Title
Before a California trust sale can close, title needs: the recorded deed that vested the property in the trust; a Certification of Trust under California Probate Code §18100.5 (or the full trust where required); proof of the trustee's authority to sell; certified death certificates and any Affidavit of Death of Trustee where a successor trustee has stepped in; standard lien, mortgage, and property-tax clearance; and a grant deed signed by the trustee in trustee capacity.
A trust sale — where the legal owner on title is a revocable living trust or other private trust — is a routine California closing when the documentation is in order. The title company's job is to confirm that the trust holds title, that the trustee has authority to sell, and that the deed at closing is signed correctly. Use this checklist at the listing stage.
**1. Deed into the trust.** The recorded deed (typically a trust transfer deed or grant deed) that vested the property in the trust. If the deed names the trustee 'as trustee of the [Name] Trust dated [Date],' vesting is clean. If the property was never deeded into the trust, a probate may be required before the sale can close.
**2. Certification of Trust (Probate Code §18100.5).** California Probate Code §18100.5 lets a trustee provide a Certification of Trust — a short notarized document confirming the trust's existence, the trustee's identity, the trustee's powers, the trust's revocability, and the trust's tax ID. The title company will accept this in lieu of the full trust in most cases. Some files (e.g., institutional lenders, unusual powers) still require the full trust.
**3. Trustee authority.** The trustee selling must be the currently acting trustee with authority to sell real property. If the original trustor/trustee has died or resigned, see step 4. If there are co-trustees, confirm whether they must act jointly or can act individually under the trust's terms.
**4. Death documents for successor trustees.** When a successor trustee is selling because the original trustor/trustee has died, title needs the certified death certificate and typically an Affidavit of Death of Trustee recorded against the property to clear the chain of trustee authority on record.
**5. Lien, mortgage, and tax clearance.** Standard for any sale: payoff of any deed of trust, clearance of any judgment or tax lien against the trust or the trustees in trustee capacity, and current property taxes. If the trust holds the property and a trustor has died, confirm there is no federal or California estate-tax lien attaching to the property.
**6. Deed signed in trustee capacity.** The grant deed at closing is signed by the trustee in trustee capacity (e.g., 'Jane Doe, as Trustee of the Doe Family Trust dated January 1, 2010'), not in individual capacity. Vesting on the new deed to the buyer should match the seller vesting on title.
**7. Statement of Information.** Title will typically request a Statement of Information from the trustee(s) to clear judgment and tax-lien matters under common names.
Team Goeglein at Fidelity National Title closes trust sales across the South Bay and Westside Los Angeles every week. Open the order early, send the Certification of Trust and any death documents up front, and the file moves cleanly. Matt Goeglein and Xavier de la Piedra IV can walk listing agents and estate-planning counsel through the title requirements before the property is on the market.
Frequently asked questions
Do I need the full trust or just the Certification of Trust?+
California Probate Code §18100.5 allows a Certification of Trust in lieu of the full trust in most title and escrow settings. Some files — institutional lenders, unusual or limited trustee powers, or complex sub-trust structures — still require the full trust document. Your title rep will tell you which is needed.
What if the property was never deeded into the trust?+
If the trustor died and the property was never deeded into the trust, the asset typically passes through probate (or through a §13100 small-estate affidavit if the entire estate is under the statutory threshold). The trustee cannot sell what the trust does not own.
Who signs the deed on a trust sale?+
The currently acting trustee — or co-trustees as required by the trust — signs the grant deed in trustee capacity. The signature block names the trustee, the trust, and the date of the trust.
Who handles trust sale title in the South Bay and Westside LA?+
Matt Goeglein and Xavier de la Piedra IV — Team Goeglein at Fidelity National Title — handle trust sale title across the South Bay and Westside Los Angeles, coordinating with listing agents, successor trustees, and estate-planning attorneys from the listing stage through close.
Need a title rep in your city? Call Matt Goeglein at 310-293-0784 or Xavier de la Piedra IV at 562-217-9933. See the full FAQ.