What's the difference between probate, trust, and joint tenancy when selling a parent's home?

Three different paths, three different timelines.

Trust (revocable living trust): If your parent's home was held in a properly funded revocable trust, the successor trustee can sell the home without court involvement. This is typically the fastest path — sometimes within 60-90 days of death. You'll need the death certificate, the trust document, and an affidavit of successor trustee for title insurance purposes.

Joint tenancy: If the home was held in joint tenancy with right of survivorship, ownership passes automatically to the surviving joint tenant. The survivor can sell whenever ready. The trade-off historically has been that joint tenancy may not get a full stepped-up basis on the entire property at the first death (only the deceased's half), unlike community property held jointly between spouses. A CPA review here is worth it.

Probate: If the home was held in the deceased's name alone (no trust, no joint tenancy), the property goes through probate court. California probate typically takes 8-15 months from filing to close, though sales can happen earlier under IAEA full authority. There's a court filing fee, statutory attorney and executor fees, and the process is public.

The right legal counsel here is critical — Roger works with East Bay probate attorneys he can refer you to.

Need a complete answer for your specific situation? Call (510) 504-0402, text (406) 205-9003, or email roger@grubb.net. No charge, no pitch — just a real conversation about what you're navigating.