InheritedLABerkshire Hathaway HomeServices California PropertiesTalk to Us
Menu
Inherited HomesProbate SalesTrust Sales
For Professionals
Fiduciary Sale SupportConservatorship SalesNon-Contingent Sales
Case Studies
Guides & Answers
All GuidesHow It WorksChoosing a Probate RealtorFirst Steps After a DeathPersonal PropertyOccupied PropertiesBeneficiary RightsScams to AvoidPaying for PreparationCourt Confirmation & OverbidsBuying a Probate PropertyVideo LibraryThe Probate Realtor Show
About
Meet MatiasMeet the TeamBehind the Sale
Call (310) 776-5145Talk to Us

Fiduciary real estate · Part 1

Preparing a fiduciary property for sale.

Before a probate, trust or conservatorship property goes on the market, a few early decisions protect everyone involved. Matias walks through them in the order they happen.

Talk to UsWatch the video

Watch

Preparing a fiduciary property for sale.

Part 1 of Matias's guide to fiduciary real estate in Los Angeles. He walks through everything that should happen before the property goes on the market.

Before the listing, step by step.

Matias Baker Masucci · Part 1

  • Why title gets checked first.
  • Who has authority to sell.
  • Vacant, occupied or soon to be vacant.
  • Safety, pricing, photos and tracking.

The foundation

Two goals from day one.

Every decision in a fiduciary sale comes back to these two.

Goal 1

Lower the risk.

Keep liability and the risk of a dispute, or a new one, as low as possible.

Goal 2

Raise the return.

Get the most value and the best net result from the sale.

Title comes first, not last.

Matias and his team review title early, before the property goes on the market. Finding a problem at the beginning gives the title company, and your attorney if one is involved, time to address it before it delays escrow or costs you a good buyer.

1

Chain of title

The ownership history of the property. If there's a problem, the sooner it's found, the sooner it's fixed.

2

Common problems

A loan that was paid off but never released from title. Liens. A lis pendens, a recorded notice that a lawsuit involves the property.

3

Who can sign

Vesting shows how title is held. In probate and conservatorship, the court has a say. In a trust sale, a trustee may need to be replaced.

Matias and his team work with your preferred title company, or one they've worked with for years that specializes in these sales.

Getting it ready

Every property starts in one of three places.

While title work happens in the background, the property can start getting ready. The plan depends on who, if anyone, is living there.

1

Soon to be vacant

Someone is moving out, often to assisted living or a care facility. Matias and his team work with placement professionals to help make that move smooth.

2

Occupied

A tenant or family member lives there. You can sell with them in place, or your attorney, if one is involved, can explore other options. Even with no access, there's a proven way to sell.

Selling an occupied house
3

Vacant

Usually the house needs clearing and cleaning: estate sales, donations, hoarding cleanup and professional cleaning, all handled with care.

Handling belongings

Before the listing

Four decisions before it goes on the market.

Once the preparation and access plan is established, it's time to decide how it will be sold. None of this is a guessing game.

1

As-is or repairs?

Weigh four things: market conditions, cost, liability and time.

Compare the options
2

Safe to enter

Buyers must be able to walk through safely. Unsafe areas get fixed or closed off.

3

The price

Check for an existing appraisal, then study the neighborhood and the wider market.

4

First impression

Staging, digital staging or neither. Then professional photos, twilight, aerial and video.

An empty bedroom after household belongings were cleared
After clearing

A clear starting point.

With the belongings removed, the room is ready for the next decision: cleaning, targeted preparation and how to present it to buyers.

See how we handle belongings →
Safety

Managing risk always comes first.

Whatever condition the property sells in, it has to be safe for buyers to enter. This step is often overlooked.

Some distressed properties sell for land value. In those cases, there's no harm in making the structure off limits to buyers.

Pricing

Price is a marketing tool.

If an appraisal exists, Matias reviews it carefully. Depending on the case, you may be bound by it. But the market moves, and it's not unusual to request a change to the appraised value.

His price opinions are transparent and easy to follow.

Pricing is a vehicle we use to get to our goal: a smooth sale that nets the most money and minimizes risk.

Matias Baker Masucci

Back it up

When anyone asks, you'll have the facts.

Every decision should be backed by facts you can show to anyone with a right to ask about the process. Matias and his team organize the marketing activity, buyer feedback and offer details so the seller can compare the facts and document the decision.

1

Marketing activity

Listing views, clicks, inquiries, private showings and open-house attendance show how the property was exposed to buyers.

2

Feedback and access

Written buyer and agent feedback, communications with occupants, and attempts to arrange access explain what happened during marketing.

3

Offer comparisons

Side-by-side summaries compare price, deposit, financing, timing and terms, with buyer qualifications and supporting documents.

4

The decision record

Valuations, preparation costs, alternatives considered and the seller’s instructions help explain the decision using the information available at the time.

Next decision

How will buyers make offers?

One of the biggest choices: let buyers inspect first and make offers with no contingencies, or take a more traditional approach.

Watch Part 2: Selling without buyer contingencies

Good to know

You can get a second opinion.

As a fiduciary, you can get a second opinion before hiring a real estate agent. Hiring the best person for the job should always come first.

Fiduciary Sale SupportHow a sale works, start to finishChoosing a probate realtor

Frequent questions

What fiduciaries ask before listing.

When should title be checked?

As early as possible, before the property is listed. Problems like an old loan that was never released, liens or a lis pendens can take time to fix. Found late, they can delay escrow or cost you a buyer.

What is vesting?

Vesting is how title to the property is held. It helps confirm who has authority to sign. In probate and conservatorship sales, the court has a say. Your attorney, if one is involved, confirms authority for your situation.

Can an occupied property be sold?

Yes. It can often sell with the occupant or tenant in place, and even when there's no access to the inside. See Selling an occupied inherited house.

What happens to the belongings?

Depending on what's there: estate sales, donations, hoarding cleanup and professional cleaning. Important papers and keepsakes are set aside first. See Handling personal property.

Should we sell as-is or make repairs first?

It depends on four things: market conditions, cost, liability and time. There's no one answer for every property.

Does the appraisal set the price?

Not always. Depending on the case, you may be bound by an existing appraisal. But the market moves, and it's not unusual to request a change to the appraised value.

Does the house need staging?

Not always. Sometimes staging helps, sometimes digital staging is enough, and sometimes it's better to skip the expense. Professional photos make a difference either way.

What if part of the house is unsafe?

Unsafe areas are fixed or closed off before buyers walk through. If the property sells for land value, the structure can be kept off limits.

Why track the marketing?

So you can show anyone with a right to ask that the property got full exposure and you did everything you could to get the best result.

What comes after the property is ready?

Deciding how buyers will make offers: inspect first with no contingencies, or a more traditional approach. See Part 2: Selling without buyer contingencies.

Matias Baker Masucci is a licensed real estate broker, DRE 02054763, not an attorney. This page is general information, not legal advice. Talk to an attorney about your situation.

Selling for an estate, trust or conservatee?

Let's get it right the first time.

Talk to Matias about title, occupancy, condition and pricing before the property goes on the market.

Discuss the Property

Prefer to talk? Call (310) 776-5145