Can a Successor Trustee Sell Property Without Beneficiary Approval in California?
In California, a successor trustee generally has authority to sell trust real property after the settlor's death if the trust instrument grants that power and title has been properly vested in the trust — without requiring beneficiary approval. California Probate Code gives trustees broad authority to manage and dispose of trust assets. The trustee must act in accordance with fiduciary duties and the trust's instructions, but individual beneficiary consent is not a prerequisite to a properly authorized sale. A beneficiary can petition the probate court to challenge the trustee's actions, but cannot unilaterally block a sale the trustee is authorized to make.
Going Deeper
Beneficiaries have the right to be informed of significant trust actions and can object — but objecting and blocking are different things. The trustee has authority; the beneficiary has the right to seek court review. As long as the trustee is acting within their authority, following the trust's instructions, and meeting their fiduciary duty, a single beneficiary's disapproval does not stop the sale.
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