Jump to: Getting started · Probate · Trusts · Taxes & Prop 19 · Selling · Working with Will. New to the terms? See the glossary.
Getting started
What should I do first after inheriting a house?
Secure the house, keep utilities and insurance in place, find the will, trust and deed, and order several certified copies of the death certificate. Don't sell, give away, or sign anything with a buyer until you know who has legal authority.
Do I have to go through probate?
Not always. A house held in a living trust usually avoids probate, as does property held in joint tenancy or passing by a valid transfer-on-death deed. For deaths on or after April 1, 2025, a primary residence worth up to $750,000 can use a simpler court petition. Otherwise, a house in the person's name alone usually goes through probate.
Is there a deadline to tell the county about the death?
Yes. A Change in Ownership Statement (Death of Real Property Owner, BOE-502-D) is due to the County Assessor within 150 days of the death.
Probate
How long does probate take in California?
Typically 9 to 18 months, longer if there are disputes or a complex estate.
Can I sell a house during probate?
Yes, once the executor or administrator has Letters from the court. With full IAEA authority, heirs get a Notice of Proposed Action and 15 days to object, with no court hearing. Otherwise the sale needs court confirmation.
What if there's no will?
The court appoints an administrator, and California's intestate succession law decides who inherits — usually starting with a surviving spouse or registered domestic partner and children.
Trusts
What is a successor trustee?
The person named in a living trust to take over managing it when the original trustee dies. They can sell trust property without court confirmation but must act prudently and keep beneficiaries informed.
Can I live in the inherited house?
Possibly, but only by agreement with the executor, administrator or trustee and the other heirs. Talk early about rent, expenses and a move-out date, and put it in writing.
Taxes & Prop 19
Will my property taxes go up?
Often. Under Prop 19, a child keeps the parent's lower assessed value only if the home was the parent's principal residence and becomes the child's, and only up to the parent's assessed value plus $1,044,586 (Feb 16, 2025 – Feb 15, 2027). Rentals and homes no heir moves into are reassessed to market value as of the date of death.
Do I pay tax when I sell an inherited house?
Maybe less than you think. California has no inheritance or estate tax, and stepped-up basis generally sets your tax cost at the date-of-death value, so selling near that value may produce little or no gain. Talk with a CPA or enrolled agent before you sell.
Selling
What if my siblings won't agree to sell?
Try for an early, written agreement and a neutral appraisal. Options include one heir buying out the others or selling and splitting the proceeds. As a last resort, a co-owner can ask a court for a partition sale, which is slow and costly.
What is court confirmation?
A probate sale approved at a court hearing. The offer must be at least 90% of the appraised value, and other buyers can overbid: the first overbid must be at least 10% more on the first $10,000 plus 5% more on the amount above $10,000.
Should I respond to cash offer letters?
Not until you know who has legal authority and what the house is worth on the open market. Ask about fees, conditions and whether the contract can be assigned.
Working with Will
Is Will Flannigan an attorney?
No. Will is a real estate agent and Certified Trust & Probate Specialist. He doesn't give legal or tax advice and works alongside your attorney and tax professional.
Do you help if the house is outside Southern California?
Will personally helps families with homes in Southern California. If the house is elsewhere in California, he can refer you to a trust and probate real estate agent in that area.