No probate, house proceeds distributed in under five months
CASE SUMMARY
Adaptation note: This story is adapted from similar matters handled by Lingtu Law and its peers. Names, places, dates and amounts have been changed, and the outcomes are presented as scenarios only. They do not reflect that similar cases will reach the same result.
Background
F, a retired Chinese restaurant chef, lost his wife several years ago. He owned a house in Monterey Park worth about $1.1 million, plus some savings. His son lives in Shanghai and his daughter in Vancouver, and they rarely came back. In mid-April 2026, F died suddenly of a heart attack at home.
Without any planning, the house would have had to go through probate: in Los Angeles that usually takes about a year, someone in the U.S. has to file and appear, both children would receive court notices, and someone would have to look after the empty house the whole time.
Strategy
When F set up his trust in 2023, we asked him who would handle things in the U.S. for his children. He chose a niece who lived nearby as successor trustee, with the two children sharing equally. The house was deeded into the trust, and his bank accounts were set to transfer to the trust on death.
After F died, his niece took over within two weeks using the death certificate and the trust documents: she changed the locks, renewed the insurance and moved the bills into the trust's name. As the trust requires, in May we sent each child a formal notice explaining the trust and their rights. Both children signed where they live to approve the sale price and the listing agent.
The house was listed in June and sold in July. After taxes and expenses, the niece split the sale proceeds and savings equally and wired them to accounts the children provided.
Case Timeline
| Date | Milestone |
|---|---|
| May 2023 | F signed his trust; house and savings moved into the trust |
| Mid-April 2026 | F passed away; his niece became successor trustee |
| May 2026 | Trust notices sent to both children overseas |
| June 2026 | House listed for sale |
| July 2026 | Sale closed |
| Early September 2026 | After taxes and expenses, sale proceeds and savings split equally between the two children |
Outcome
Less than five months passed from F's death to the money reaching his children, and no one ever went to court. The children came back only once, for the funeral.