Can a trustee sell a house without beneficiary approval?

In many cases, yes. If the trust grants the trustee authority to sell property, beneficiary approval may not be legally required, although the trustee must still act prudently and in the beneficiaries’ best interests.

Trustees should carefully consider valuation issues, market timing, tax consequences, and whether the trust intended a particular beneficiary to receive the property instead of selling it. Poor communication regarding real estate sales is one of the most common causes of beneficiary disputes.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.