A separation or divorce, a home held in a trust or going through probate, or a sale you’re managing from somewhere else. Each one adds a few steps to an ordinary sale. Here’s what those steps are, in plain language, so you can plan them instead of discovering them in escrow.
Updated October 2026 · General information, not legal or tax advice
When a sale is tied to something bigger, the real estate part is rarely the hardest part, but it is the part with the most deadlines. My job is to keep the sale on a calm, written timeline, give everyone with a say the same information at the same time, and work alongside the attorneys, mediators, trustees, and tax professionals who handle the legal and tax side. I’m a REALTOR®, not an attorney or a CPA, and I’ll tell you when a question belongs with them.
When a divorce or legal separation case is filed in California, the court’s summons (form FL-110) includes standard family law restraining orders that apply to both spouses or domestic partners. Among other things, they bar either person from “transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal,” without the other’s written consent or a court order. The orders stay in place until the case is dismissed, a judgment is entered, or the court orders otherwise.
In practice, that means a sale moves forward when both of you agree to it in writing, or when the court orders it. If you can’t agree on whether, when, or for how much to sell, that decision goes through your attorneys, your mediator, or the court. It isn’t something a real estate agent should try to settle.
Expect both spouses to sign the listing agreement, the seller disclosures, the purchase contract, and the escrow and closing documents. Even when only one name is on the deed, title companies commonly ask for both spouses’ signatures, or a court order, while a divorce is pending. We confirm the exact requirements with the title company before the home goes on the market, not the week it closes.
California law sets a minimum waiting period: a divorce can’t become final until six months after the summons and petition are served or the other spouse appears in the case, whichever comes first. Many cases take longer. The home can sell before or after the judgment, and choosing which is a decision for the two of you and your attorneys or mediator. Some couples settle the sale terms early in a written agreement: list price, how price reductions get approved, who lives in the home until closing, and who pays for repairs and staging. Writing these down in advance prevents most later disagreements.
At closing, escrow pays off the mortgage and the costs of sale, then follows written instructions that both of you sign. Common approaches are to split the net proceeds as your agreement or judgment directs, or to hold them in escrow, a blocked account, or an attorney’s client trust account until you agree or the court rules. Decide which before we list, so closing day holds no surprises.
The federal home-sale exclusion lets a single filer exclude up to $250,000 of gain, or up to $500,000 for a married couple filing jointly, if the ownership and use tests are met. IRS rules include provisions for separated and divorced owners, including when a former spouse continues living in the home under a divorce or separation instrument. Filing status and timing can change the result, so run the numbers with a CPA before you agree on a sale date.
If the home is titled in a living trust and the person who created it has passed away, the successor trustee named in the trust can usually sell it without going through probate court. Title and escrow will typically ask for a certified copy of the death certificate and a certification of trust, a short document under California Probate Code §18100.5 that confirms the trust exists and that the trustee has authority to sell, so the full trust doesn’t have to be shared. The title company may also record an affidavit about the trustee’s death before closing.
When a revocable trust becomes irrevocable at a death, the trustee must send a formal notice to the beneficiaries and heirs within 60 days (Probate Code §16061.7). Generally, a beneficiary then has 120 days from the notice to contest the trust, or 60 days after receiving a copy of the trust terms during that window, whichever is later. Trustees also have an ongoing duty to keep beneficiaries reasonably informed (Probate Code §16060). Some trustees, on their attorney’s advice, plan the timing of a sale around this window. I can provide the comparable sales, offers, and timeline in a form you can share with the family.
A trustee selling in the course of administering a trust may be exempt from the standard Transfer Disclosure Statement (Civil Code §1102.2). The exemption doesn’t apply in every case, for example when the trustee of a revocable trust is a former owner or recent occupant of the home. Even when the form isn’t required, sellers are still expected to disclose known facts that materially affect value, and in our market a complete disclosure package with inspections tends to bring stronger offers.
Probate is generally needed when a home wasn’t in a trust and didn’t pass another way, such as joint tenancy or a transfer-on-death deed, and the estate is above California’s small-estate limits. For deaths on or after April 1, 2025, the general small-estate limit is $208,850, and a simplified court petition is available for a decedent’s primary residence valued up to $750,000. Your probate attorney will confirm which path applies.
An executor or administrator can’t sign a binding sale contract for the estate until the court issues Letters. We can prepare before then: assess the home, line up repairs and vendors, and gather comparable sales. But the listing and the sale wait for that authority.
Creditors have until the later of four months after Letters are first issued or 60 days after notice is mailed to them to file claims (Probate Code §9100), and court calendars set hearing dates. A probate sale can still be well run and well priced. It just needs a timeline everyone can see. Net proceeds go to the estate and are distributed through the probate process, as your attorney directs.
Many Peninsula owners now live in another state or another country. A remote sale works well when one person on the ground owns the details. I coordinate keys, cleaning, repairs, gardening, staging, photography, and every showing, then send video walkthroughs and a written update each week on your time zone.
No pressure and no commitment. Tell me what’s happening, and I’ll lay out the steps and the order they come in.
Or call or text (650) 866-9266. Conversations stay between us and the people you choose to include.
Rules and timing matter, and the right steps depend on your specific situation. Confirm the details with your family law, trust, or probate attorney, or a qualified tax professional, before acting. This guide is general information, not tax or legal advice.
Judicial Council of California, Summons (Family Law), form FL-110 · California Family Code §2339 · Probate Code §9100, §10309, §10311, §10586, §16060, §16061.7, §18100.5 · Judicial Council, Probate Code §890 adjusted amounts · Civil Code §1102.2 · IRS Publication 523 and Publication 551 · IRS, FIRPTA withholding · FTB Publication 1016