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Inherited Property

What to Do With Inherited Property in California

Updated October 15, 202623 official sources

Most people searching for this are standing in a parent's kitchen or a late spouse's office, holding a deed they have never read closely, while brothers, sisters or a stepparent ask what happens to the house. You may have been named executor, you may have become successor trustee overnight, or you may simply be an heir who now owns part of a home and part of a lifetime of belongings. None of it comes with instructions. This page lays out how inherited property in California usually moves from the person who died to the people who inherit it, in the order it tends to happen, so the next step is clear.

The First Decisions After Inheriting Property in California

Two facts shape everything that follows: what kind of property it is, and how it was owned at death.

Real property is land and what is built on it, such as a house or a condominium. Personal property is everything else, including bank accounts, vehicles, furniture and personal effects. California treats them differently, and the court's self-help guide asks for each item's description, "including if its real or personal property."

How title was held matters just as much. Under Probate Code section 7000, title passes at death to the person named in the will or, if there is no will, to the heirs under California's intestate succession laws. Probate Code section 7001 adds that the property is generally subject to court administration and to the rights of beneficiaries and creditors. Ownership by a trust, in joint tenancy, as community property, or in an account with a named payee can move the property along a different path.

In practice there are four paths: probate, trust administration, a simplified procedure, and transfer by operation of law to a surviving co-owner. Your role on each path carries its own duties. An executor is the person a will names to carry it out. An administrator is appointed by the court when there is no executor. A successor trustee takes over a trust. An heir or beneficiary is someone who inherits.

When Probate Is Required — and When It Can Be Avoided

Probate is the court-supervised process of collecting a person's property, paying debts and passing what remains to the people entitled to it. It applies when nothing else, such as a trust, a co-owner's survivorship or a named account beneficiary, controls the property.

If there is no will, Probate Code section 8461 sets who has priority to serve as administrator. The list begins with the surviving spouse or domestic partner, then children, grandchildren and other issue, then parents and siblings, and it continues through more distant relatives to the public administrator, creditors and any other person.

California also has simplified procedures, which the Judicial Council names this way: the affidavit for collection or transfer of personal property, the petition to determine succession to the decedent's primary residence, the affidavit for real property of small value, and the spousal or domestic partner property petition. Under Probate Code section 13100, the affidavit for personal property is available only after 40 days have passed since the death and only when the estate is under a dollar limit that is adjusted periodically. The current limits are published on the California Courts self-help site. Probate Code section 13650 lets a surviving spouse ask the court for an order that administration is not needed for property passing to that spouse.

Some property is left out when the estate is measured for these procedures. Under Probate Code section 13050, the excluded property includes joint tenancy property, property in a trust the decedent could revoke, and multiple-party accounts that belong to a survivor. A living trust generally keeps a house out of probate because the trust holds title, and the successor trustee administers it without court supervision. Under Probate Code section 5302, money in a joint account generally belongs to the surviving party, and money in a payable-on-death account generally belongs to the named payee. The California estate settlement guide sets out these paths side by side.

Transferring Title: How Inherited Property Gets Into Your Name

The county recorder's office in the county where the house sits is where title changes become public. The California Courts self-help guide notes that deeds are public records available at the County Recorder's Office. Each county sets its own recording requirements.

On each path, the document that moves title comes from a different source:

  • Probate: The court's order directing distribution, or a deed signed by the executor or administrator under the court's authority, is recorded with the county recorder.
  • Trust administration: The successor trustee records a document showing the trustee's authority, or a deed from the trust to the beneficiaries.
  • Simplified procedures: The court order or the affidavit that covers real property is recorded in the county where the property is located.
  • Joint tenancy: The survivor records proof of the co-owner's death so that the record matches what the self-help guide describes: "If one dies, the property passes to the other."

Two filings come early. Under Probate Code section 8200, whoever holds the original will must, within 30 days of learning of the death, deliver it to the superior court clerk and deliver a copy to the named executor or, if the custodian does not know where the executor is, to a named beneficiary, unless a probate petition was filed earlier. Under Probate Code section 16061.7, when a revocable trust becomes irrevocable because of a death, the successor trustee must serve a notification on the beneficiaries and heirs. The deadline is 60 days after the death, or 60 days after the trustee learns of a person entitled to notice. If the trustee's office was vacant, the 60 days run from when the new trustee begins to serve.

Property Tax Reassessment and Proposition 19

In California, a change in ownership generally lets the county assessor reset the property's taxable value to market value. For a home a parent bought decades ago, that can raise the tax bill sharply.

The first filing is a change in ownership statement. Under Rev. & Tax. Code section 480, it is due within 150 days after the date of death. If the estate is in probate, the personal representative files it before or at the time the inventory and appraisal is filed with the court. If the statement is not filed within 90 days of a written request from the assessor, the law sets a penalty.

For deaths on or after February 16, 2021, the parent-child exclusion is in Rev. & Tax. Code section 63.2. To qualify, the home must have been the parent's principal residence. It must also become the child's principal residence within one year, and the child must file for the homeowners' or disabled veterans' exemption within one year of the transfer. The exclusion is capped. The State Board of Equalization's Proposition 19 Fact Sheet says the limit is the taxable value plus $1,044,586 for transfers from February 16, 2025, through February 15, 2027. Any market value above that limit is added to the taxable value.

The claim is filed with the county assessor. It is due within three years of the transfer, or before a transfer to a third party, whichever is earlier. It is also timely if filed within six months after the assessor mails a supplemental or escape assessment notice. The Board of Equalization's Proposition 19 page says a rental home transferred between parents and children does not qualify. A grandchild qualifies only if the grandchild's parents who were the grandparents' children have died. The county assessor's office reviews any exclusion claim.

Federal Income Tax and the Stepped-Up Basis

Basis is the figure used to measure gain when property is sold. Under 26 U.S.C. § 1014(a), the basis of property acquired from a decedent is generally its fair market value at the date of death, or at an alternate valuation date if one is elected. This is often called a stepped-up basis.

For a family, the practical effect is that gain is generally measured from the date-of-death value, not from what the parent paid. The IRS Frequently Asked Questions on Estate Taxes says there is "usually little or no gain to account for if the sale occurs soon after the date of death."

The rule has limits. IRS Publication 551 explains that in community property states, including California, the whole community property generally takes a new basis when a spouse dies, and not just the decedent's half, provided that at least half the value of the community property interest is includible in the decedent's gross estate. The same publication says a different rule applies to appreciated property that the heir or the heir's spouse gave the decedent within one year before the death. IRS Publication 559 says gain or loss on inherited capital assets is treated as long term regardless of how long the heir held them.

Whether a particular asset qualifies, and how California income tax treats a sale, are questions for a CPA, an enrolled agent or a tax attorney. Those professionals also handle the decedent's final returns.

California Inheritance and Estate Tax

Families often ask what they will owe simply for receiving an inheritance. Under federal income tax rules, the answer is generally nothing on the inheritance itself. IRS Publication 559 says property received as a gift, bequest or inheritance is not included in income, although rent, interest or dividends the property later earns are taxable.

The federal estate tax return is a separate matter. The IRS estate tax FAQ says the return, Form 706, is required when the gross estate is worth more than the filing threshold for the year of death. The IRS publishes that threshold in a table. The return is due nine months after the date of death, and a six-month extension is available. Whether a particular estate must file is a question for a CPA or a tax attorney.

Your Options for the Inherited Property

Once title is clear, the house usually ends up in one of three places. Each has real tradeoffs, and many families weigh them for a while before deciding.

Keep and live in it. A child who moves in within the one-year window described above may keep the parent's taxable value under Rev. & Tax. Code section 63.2. That child also takes on the carrying costs: any mortgage, property taxes, insurance, utilities and repairs.

Keep and rent it. Rent brings in income, but it also brings landlord obligations under California law. Because a rental is not the child's principal residence, the Proposition 19 exclusion generally does not apply, and reassessment is likely.

Sell it. A sale through a listing with a licensed agent exposes the house to the open market. A cash sale can reduce repairs, showings, financing uncertainty and time, though families weigh those savings differently depending on their circumstances. Either way, gain is measured from the stepped-up basis.

If the house is in a probate estate, the executor's authority to sell depends on the court's order. Whether a sale needs court confirmation or a notice of proposed action is a question for a probate attorney. The comparison of keeping, renting or selling goes further into these tradeoffs.

When Multiple Heirs Inherit the Same Property

Siblings who inherit a house together, without a survivorship arrangement, often hold it as tenants in common. That means each owns a fractional share of the whole property, not a particular room or corner of the lot.

Shared ownership means shared decisions. The co-owners have to work out whether anyone lives there, whether to rent or sell, who pays the property taxes and insurance while that is settled, and how money is divided. Families who agree on these points early, often in writing, tend to have an easier time.

When co-owners cannot agree, a court proceeding can divide the property or order it sold. Where heirs are in conflict, or misconduct by an executor or trustee is suspected, the matter becomes a contested one. A contested matter is a different subject, handled by an attorney who litigates trust and probate cases. This page does not cover disputes, or property governed by another state's law, where that state's rules apply.

Professionals Who Help With Inherited Property in California

Each part of an inherited property tends to bring a different kind of professional into the picture.

Probate or trust attorney. A licensed California attorney prepares court filings, advises a trustee, and explains how title transfers on the facts of the estate.

CPA, enrolled agent or tax attorney. These professionals review basis, the tax on a sale, final returns and any estate tax filing.

Licensed real estate appraiser. An appraiser can document the date-of-death value that the basis rests on. The court self-help guide notes that an estimate is enough for an early inventory, and that a formal appraisal may be needed later if the estate goes to court.

Licensed real estate agent or broker. An agent or broker is involved if the family lists the house for sale.

Silver Lining Estate is an educational website, not a law firm, a CPA firm, a buyer or an agent. Its questionnaire asks a few questions and points to the guides and the kinds of professionals that fit a situation.

A Practical Checklist for the First Weeks

These are the tasks that tend to come first:

  1. Locate the will, any trust and the deed. Whoever holds the original will delivers it to the superior court clerk within the 30-day window described earlier.
  2. Order certified copies of the death certificate. The court clerk releases a copy of a delivered will on receipt of a certified death certificate or a court order, along with the required fee.
  3. Read the deed to see how title was held. Deeds are public records at the County Recorder's Office in the county where the property is located.
  4. File a change in ownership statement with the county assessor or recorder. The 150-day deadline, and the probate alternative, are set out in the property tax section above.
  5. Ask the county assessor about a Proposition 19 claim. The parent-child exclusion under Rev. & Tax. Code section 63.2 requires a claim filed with the assessor in the county where the property sits.
  6. Keep paying the mortgage, taxes, insurance and utilities. These keep the loan current, the coverage in force and the house secure while title is settled.
  7. Speak with a probate or trust attorney. This matters most when the estate needs court supervision or the trust document raises questions.
  8. Speak with a tax professional before any sale. A CPA, enrolled agent or tax attorney can apply 26 U.S.C. § 1014(a) to the asset and the sale.

The estate settlement checklist carries these tasks through to the end of the estate.

Your next step

You Don’t Have to Work This Out Alone

If you’re dealing with inherited property in California, a few short questions can help you find your next step.

Every estate is different. The questions cover your role, the estate and any property, then point you to the guides and kinds of help that fit your situation.

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What happens next

  1. Answer a few questionsAbout your role, the estate and any property.
  2. See what fitsThe guides and kinds of help that match your answers.
  3. Take it at your own paceThen decide, in your own time, what comes next.

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01

Guide

What to Do When You Inherit a House in California

Read the guide

Frequently asked questions

How soon can I sell a house that I inherited?

It depends on the transfer path. In probate, the executor or administrator needs authority from the court first, and a sale may need court confirmation or a notice of proposed action. Trust property or a joint tenancy share can usually be sold once the successor trustee or the survivor holds clear title.

What is the 2-year rule for inherited property?

California has no separate "2-year rule" for inherited property. The phrase usually refers to 26 U.S.C. § 121, which excludes some gain on the sale of a home that the seller owned and used as a principal residence for at least 2 of the 5 years before the sale. A tax professional can say whether it applies.

How much tax do I pay if I inherit property in California?

The inheritance itself is generally not federal income. A federal estate tax return is required only above the IRS filing threshold for the year of death. When the property is later sold, gain is measured from the stepped-up basis. A CPA or tax attorney reviews whether any tax is owed.

How do I put inherited property in my name in California?

The method depends on how title was held. A court order or a deed from the executor is used in probate, a trustee's document is used for a trust, and a court order or affidavit is used for a simplified procedure. Each is recorded with the county recorder where the property is located.

Does inheriting a house trigger property tax reassessment in California?

Generally yes. A transfer at death is a change in ownership. Rev. & Tax. Code section 63.2 excludes a parent's principal residence, up to the value limit, when the child makes it the child's own principal residence and files the claims on time. A rental home does not qualify.

What happens when multiple siblings inherit the same house?

The siblings often hold it as tenants in common, each owning a fractional share of the whole house, so major decisions and costs are shared. If they cannot agree, a court can divide or sell the property. A contested matter is handled by an attorney who litigates trust and probate cases.

What to do with an inheritance?

Work through it in order. First learn the transfer path, then keep up the taxes, insurance and any mortgage. After that, weigh keeping, renting or selling against the tax rules described above, and bring in a probate attorney, a tax professional or an appraiser before any decision that cannot be undone.

What is a stepped-up basis and why does it matter for inherited property?

Under 26 U.S.C. § 1014(a), the basis of inherited property is generally its fair market value at the date of death. If the property sells near that value, there is usually little or no gain. An appraiser can document the value, and a tax professional applies it to the sale.

Official sources & references

  1. 01California Probate Code section 7000California Legislative Information
  2. 02California Probate Code section 7001California Legislative Information
  3. 03California Probate Code section 8200California Legislative Information
  4. 04California Probate Code section 8461California Legislative Information
  5. 05California Probate Code section 13050California Legislative Information
  6. 06California Probate Code section 13100California Legislative Information
  7. 07California Probate Code section 13650California Legislative Information
  8. 08California Probate Code section 5302California Legislative Information
  9. 09California Probate Code section 16061.7California Legislative Information
  10. 10California Rev. & Tax. Code section 480California Legislative Information
  11. 11California Rev. & Tax. Code section 63.2California Legislative Information
  12. 1226 U.S.C. § 1014GovInfo (U.S. Government Publishing Office)
  13. 1326 U.S.C. § 121GovInfo (U.S. Government Publishing Office)
  14. 14California State Board of Equalization, Proposition 19 Fact Sheet (Publication 801)California State Board of Equalization
  15. 15California State Board of Equalization, Proposition 19California State Board of Equalization
  16. 16California State Board of Equalization, Change in Ownership – Frequently Asked QuestionsCalifornia State Board of Equalization
  17. 17California State Board of Equalization, Letter To Assessors No. 2025/009California State Board of Equalization
  18. 18California State Board of Equalization, Letter To Assessors No. 2026/026California State Board of Equalization
  19. 19California Courts Self-Help Guide, Inventory and estimate property valueCalifornia Courts
  20. 20Internal Revenue Service, Publication 551, Basis of AssetsInternal Revenue Service
  21. 21Internal Revenue Service, Publication 559, Survivors, Executors, and AdministratorsInternal Revenue Service
  22. 22Internal Revenue Service, Frequently Asked Questions on Estate TaxesInternal Revenue Service
  23. 23Internal Revenue Service, Gifts & Inheritances FAQInternal Revenue Service

Agency names appear for identification only and do not imply endorsement.

Published by the Silver Lining Estate editorial team

Attorney contribution: Russell E. Griffith, CA Bar No. 120564