You inherited a house in Ohio that’s stuck in a trust. The trustee manual is 47 pages long. The beneficiaries keep emailing you. The title company wants a Trustee’s Certification of Authority—whatever that is.
Meanwhile, the property needs work, the taxes are piling up, and you’re drowning in legal jargon.
I’ve been doing this for 25 years. Over 1,700 homes bought and sold. I’ve seen families try to navigate trust sales on their own—and I’ve watched them waste 6 to 12 months fighting paperwork, beneficiary disputes, and delayed closings that fell apart at the last second.
Here’s what I know: selling a house in a trust is legal. It’s also slow, expensive, and frustrating.
But there’s a faster way.
The Hard Way vs. The EZ Sell Way
| The Hard Way (Traditional Trust Sale) | The EZ Sell Way (Cash Offer) |
|---|---|
| 6-12 months to sell (or longer if beneficiaries disagree) | 7-14 days to close |
| Trustee must get Certification of Authority | I handle the paperwork |
| Title company may delay or reject closing | I buy properties in trusts all the time |
| May need court approval if beneficiaries dispute | No court. No drama. |
| 6% realtor commission + repairs + holding costs | Zero fees. No repairs. No commission. |
| You pray a buyer’s financing comes through | Cash. Guaranteed close. |
| Multiple showings, open houses, inspections | One visit. One offer. Done. |
What a Trust Is (And Why It Complicates Sales)
A trust is a legal box that holds property on behalf of someone else—the beneficiary. In Ohio, we deal with two main types:
1. Revocable Trust (Living Trust)
The person who created it can change it anytime. When they die, the property skips probate and goes straight to the beneficiaries. That’s the upside. The downside? The trustee still has to follow Ohio Revised Code §5804.01 and get the property sold properly—or risk getting sued by beneficiaries.
2. Irrevocable Trust
Once the property goes in, it’s locked. The grantor loses control. The trust owns it. Forever. This offers asset protection, but it’s a nightmare to sell because of ORC §5805.06 requirements.
Both types avoid probate. That’s great in theory. But in practice, selling a trust-owned property in Ohio is its own special kind of hell.
How Most People Try to Sell a Trust Property (And Why It Takes Forever)
Step 1: Get Trustee Authority
The trustee has to prove they have legal power to sell. This means digging through the trust agreement, getting a Trustee’s Certification of Authority, and praying the beneficiaries don’t challenge it under Ohio Revised Code §5808.17.
I’ve seen beneficiaries hold up sales for months—just because they didn’t like the price.
Step 2: List the Property
Now you’ve got to hire a realtor, prep the house (paint, repairs, landscaping), and start showing it. Every open house is a gamble. Every offer could fall through.
Average time on market in Ohio? 60-90 days. And that’s before the buyer’s financing drags out another 30-45 days.
Step 3: Navigate Title Issues
Because the home is in a trust, the title company needs extra documentation. If there are multiple beneficiaries, the distribution of sale proceeds must align perfectly with the trust agreement. One typo, one missing signature, and the whole thing collapses.
I’ve seen closings delayed 60 days because a title company couldn’t verify trustee authority.
Step 4: Pay the Costs
Even if everything goes smoothly, you’re looking at:
- 6% realtor commission ($12,000 on a $200k home)
- $3,000-$8,000 in repairs (buyers always ask)
- $2,000-$4,000 in holding costs (taxes, utilities, insurance)
- Recording fees ($28-$34 per deed)
Total cost: $17,000-$24,000. And that’s if the sale doesn’t fall through.
Real Case Study: The Dayton Trust Nightmare
Last year, I met Susan. Her mom passed away and left her a house in Kettering—stuck in a revocable trust with Susan and her two brothers as beneficiaries.
Susan was the trustee. Her brothers didn’t agree on the listing price. One wanted $180k. The other wanted $210k. They spent three months arguing.
When they finally listed at $195k, the first offer fell through because the buyer’s financing didn’t come through. The second offer wanted $12,000 in roof repairs.
Six months in, Susan was exhausted. The property taxes were overdue ($2,400). The HVAC died ($5,500). The brothers were threatening legal action.
That’s when she called me.
Here’s what I did:
- Made a cash offer: $165,000
- Closed in 10 days
- Paid all back taxes and repairs
- Handled the title and trustee paperwork
- Split the proceeds with her brothers (per the trust agreement)
Susan walked away with $55,000 (her one-third share). No realtor fees. No repairs. No drama.
She told me: “Mike, I was ready to just walk away. You saved me from losing my mind—and my relationship with my brothers.”
The Legal Stuff You Need to Know (I’ll Keep It Simple)
Can a Trustee Sell Property Without Beneficiary Approval?
Sometimes. Ohio Revised Code §5808.15 says the trustee must act in the beneficiaries’ best interest. If the trust agreement gives the trustee full control, they can sell without asking. But if the beneficiaries smell a bad deal, they can challenge it under ORC §5808.17.
That’s why cash sales work. No disputes. No financing contingencies. Just a clean, fast close.
Does Transferring Property to a Trust Trigger Transfer Taxes?
No. Ohio Revised Code §319.202 exempts trust transfers from conveyance fees. But selling a trust property? That’s a taxable event—unless you’re selling to a qualified buyer (like me) who handles the tax paperwork.
Do You Need Probate If a Property Is in a Trust?
No. That’s the whole point of a trust. Ohio probate law (ORC §2107.01-2107.90) doesn’t apply to properly titled trust property. But—and this is a big but—you still need clean title, trustee authority, and beneficiary cooperation to sell.
Time vs. Money: The Bottom Line
Here’s the truth: you can sell a trust property the traditional way. It’s legal. It’s just slow, expensive, and stressful.
If you have 6-12 months to spare, the patience of a saint, and beneficiaries who agree on everything, go ahead. List it. Pray for a smooth closing.
But if you’re like most people I meet—exhausted, broke, and just wanting it to be over—there’s a smarter way.
I’ve bought over 1,700 homes in Ohio. I specialize in properties that are stuck in legal limbo. Trusts. Probate. Liens. You name it.
My offer is simple:
- Cash
- No repairs
- No realtor fees
- No beneficiary drama
- Close in 7-14 days
You get certainty. I get the property. Everyone wins.
Would you like me to run the numbers on your property today?
Frequently Asked Questions
Can You Sell a House in a Revocable Trust?
Yes. The trustee retains control and can sell without major restrictions. But you still need proper documentation and beneficiary cooperation.
What If the Beneficiaries Don’t Agree?
You’re stuck. Under Ohio Revised Code §5808.17, beneficiaries can challenge a trustee’s sale. I’ve seen families spend $15,000+ on lawyers just to settle beneficiary disputes.
How Long Does a Traditional Trust Sale Take?
In my experience? 6-12 months on average. Longer if there are title issues, beneficiary disputes, or financing fall-throughs.
What’s a Trustee’s Certification of Authority?
It’s a legal document proving the trustee has the power to sell the property. Title companies require it. Without it, you can’t close.
Do I Have to Pay Capital Gains Tax on a Trust Sale?
Maybe. Depends on the trust structure and how long you’ve held the property. Talk to a CPA. (I’m not a tax advisor—just a guy who’s seen this play out 1,700 times.)
Final Thoughts
I’m not here to talk you out of a traditional sale. If you’ve got time, money, and cooperative beneficiaries, go for it.
But after 25 years of buying Ohio homes, I’ve learned this: most families just want relief.
They don’t want to manage contractors, argue with title companies, or referee fights between beneficiaries. They want a clean exit.
That’s what I offer.
Cash. Certainty. Closure.
If that sounds like what you need, let’s talk. I’ll run the numbers on your property—no obligation, no pressure, no BS.
Because life’s too short to spend a year selling a house.