California Inherited Property

The First 30 Days After Inheriting a House in California

The first month after inheriting a house is not about making big decisions — it's about protecting the property and getting organized. Secure the home, keep the bills paid, find the key documents, and figure out how the title was held before you sign or sell anything.

Last updated: October 4, 2026

First, take a breath

If you've just inherited a house in California, you are probably grieving and overwhelmed at the same time. The good news: almost nothing about the house has to be decided this week. The first 30 days have one job — keep the property safe and get the information you'll need for every decision that comes later.

Secure the house

An empty house is vulnerable, and sadly, word travels. In the first days:

Don't sell or give anything away yet

This is the mistake that causes the most family conflict. Until someone has legal authority — an executor appointed by the court, an administrator, or a successor trustee under a trust — no one should sell, give away, or move big items out of the house. And don't sign anything with a buyer or investor, no matter how friendly the offer sounds, until you know who has authority and what the house is actually worth.

Find the documents

Gather these as you find them:

Also order several certified copies of the death certificate — banks, the court, the county recorder and insurance companies will each want one, and ordering extras now saves weeks later.

Find out how the title was held

The deed answers the single most important question in this whole process: how was the house owned? It might be held in a trust, in joint tenancy, as community property with right of survivorship, under a transfer-on-death deed, or in the person's name alone. That one fact decides which path you're on — a trust administration, a probate with a will, a probate without a will, or a simpler small-estate process. You can get a copy of the deed from the County Recorder's office where the property is located.

Tell the County Assessor

California requires the County Assessor to be notified when ownership changes because of a death. The form is the Change in Ownership Statement (Death of Real Property Owner), form BOE-502-D, and it is due within 150 days of the death. Whoever is handling the estate usually files it, but make sure someone does — there are penalties for missing it.

Keep the bills paid

If you can, keep paying the mortgage, property taxes and insurance. A federal law, the Garn-St Germain Act, generally prevents a lender from calling a home loan due just because the property passes to a relative after the borrower's death. Keep making payments and contact the loan servicer as the estate or heir. Missed payments can still snowball into late fees and foreclosure risk. If money is tight, tell your attorney — there may be estate funds available for exactly this.

Who to call

Three professionals cover almost everything in this first month. A probate or trust attorney tells you which legal path the estate is on and what must be filed. A tax professional helps you avoid expensive mistakes, because choices made now affect taxes when the house is eventually sold or kept. And when you're ready to talk about what the house is worth or whether to sell, a trust and probate real estate agent can walk the property and give you a written opinion of value with no obligation.

Once you know how the title was held, continue to the guide for your path: a house in a trust, probate with a will, probate without a will, or a small estate.

Frequently asked questions

Do I have to do everything in the first 30 days?

No. The first month is about protecting the house and gathering information, not finishing anything. The one firm early deadline is the Change in Ownership Statement (form BOE-502-D) due to the County Assessor within 150 days of the death. Most other decisions can wait until you know which legal path the estate is on.

Can I start selling things from the house right away?

It's better to wait. Until a court appoints an executor or administrator, or a successor trustee takes over under a trust, no one may have clear legal authority to sell or give away estate property. Selling items early can also create conflict with other heirs. Secure and document everything first.

What if the house still has a mortgage?

A federal law, the Garn-St Germain Act, generally prevents a lender from calling a home loan due just because the property passes to a relative after the borrower's death. Keep making payments and contact the loan servicer as the estate or heir. Talk with the lender and your attorney about the specifics of your loan.

How do I find out how the title was held?

Look at the most recent deed, which you can get from the County Recorder's office where the property sits. The deed will show whether the house was in a trust, held in joint tenancy, held as community property with right of survivorship, subject to a transfer-on-death deed, or in the person's name alone.

Who should I call first?

Start with a probate or trust attorney, who can tell you which path the estate is on and what must be filed. Add a tax professional early, because choices made now affect taxes later. When you're ready to talk about the house's value or a possible sale, a trust and probate real estate agent can help.

Related guides

Talk with Will

A calm, no-pressure conversation about the house and your options. Will helps families in Southern California and can refer you to a trust and probate real estate agent elsewhere in the state. English and Mandarin.

This guide is general information, not legal or tax advice. Talk with a California probate or trust attorney and a tax professional about your situation.