The house was in a living trust so probate was not needed?

the deed is in the name of the trust

If the decedent was the sole trustee, it would require the appointment of a successor trustee in order to get the deed transferred to a new owner. It would not require such appointment if there is a living co-trustee. If the trust agreement is not recorded with the land records of the county, it may be necessary for the recording of the trust agreement in order for there to be a valid conveyance of the real estate. The reason is to determine whether or not the trustee has the authority to convey the real estate and under what terms it can be conveyed. Contact your local title insurance company to see what they require.

In most living trust arrangements I have seen, the trust assets -- typically investments and cash -- are distributed to the remainder beneficiaries of the trust after the death of the life beneficiary. There may be delays if the remainder beneficiaries insist on the presentation of a formal accounting for audit and review by the court.

Probate may be needed for other assets which are not part of the trust principal.

Don't handle this situation without the assistance of a lawyer experienced in these matters. Over the past 35 years, I have seen well-meaning family members really mess things up when they don't know what they are doing.

A living trust generally avoids probate and that is one of the major reasons that a trust is drawn in the first place. The trust tells who receives ownership of the house and this goes to that person (or persons) without going through probate court.

Talk to a Lawyer about this