I get these questions from probate and trust estate clients often when wondering about their disclosure obligations: What do I actually have to disclose if I’ve never lived in the house? What disclosures are required when selling a probate or trust property in California? What happens if I don’t know the condition of the property when selling an inherited home? Do executors or trustees have liability for disclosures when selling a home in California?

The short answer is this: even in probate or trust estate sales, California still expects a high level of transparency. But the way disclosures are handled is a little different, and more importantly, you’re not expected to know everything.

When someone you love passes away, there’s a lot to sort through, and selling a home is often one of the biggest and most emotional pieces of that process. If you’re handling a probate estate or managing a home held in a trust, it’s completely normal to feel unsure about what’s required, especially when it comes to disclosures when selling a home.

One of the most common questions I hear is about what disclosure obligations are, and these are important quesitons. In a traditional sale, the seller has lived in the home and can speak to its history; what’s been repaired, what leaks when it rains, what’s been updated over time. In your situation with a probate or trust estate, you might be stepping into this role as an executor, administrator, or trustee without that firsthand knowledge. That’s okay. California law recognizes that.

The disclosure documents you are required to complete will depend on the exact circumstances — however, generally if you really have limited or no knowledge of a property, you will likely complete what's called an “Exempt Seller Disclosure”. This is a specific form designed for situations just like yours where you can clearly state that you did not occupy the property and that your knowledge is limited. That’s not a red flag to buyers; it’s actually very common and expected in these types of sales.

Here’s the part that matters most: you are only responsible for disclosing what you actually know. You’re not expected to investigate every corner of the property or guess about its condition. That said, if you do know something — maybe a past repair, a known issue, or something you’ve discovered while managing the estate—it’s important to share that. Because you may not have the full picture, one of the most helpful things we can do is fill in the gaps together. I often recommend simple pre-listing inspections, like a pest inspection or roof inspection. These allow you to provide additional information about the property from qualified professional third party sources.

Every probate and trust situation is a little different. Some are straightforward, while others have more moving parts—court involvement, multiple heirs, or unique property conditions. My role is to help you navigate all of that, step by step, and make sure you feel informed and supported along the way. If you’re feeling overwhelmed, you’re not alone. This is unfamiliar territory for most people, and you don’t have to figure it out on your own. I’m here to guide you through the process, help you make sense of what’s required, and make sure everything is handled thoughtfully and correctly. And we’ll take it one step at a time.

I welcome your call to see if we are a fit to work together.

Contact Erin Stumpf at Coldwell Banker Realty (DRE#01706589) with questions today: call/text 916-342-1372 or email to erin@erinstumpf.com