Selling an inherited house in California
How California handles an inherited house, from the new $750,000 home petition to full probate, what it costs to sell, how Prop 19 affects property taxes, and how to sell as-is anywhere from Los Angeles to Sacramento.
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Can you sell an inherited house in California without full probate?
Often, yes. If the house was in a living trust, the successor trustee can sell it with no court involved. A recorded transfer on death deed also skips probate. And for deaths on or after April 1, 2025, a primary residence worth less than $750,000 can usually pass to the heirs through a single court petition instead of a full probate. When none of those fit, the executor goes through probate, but under California’s independent administration rules they can usually sell after giving the heirs 15 days’ notice, without a court hearing on the sale.
The bigger surprise for many families is Prop 19. If the heirs keep the house and none of them moves in, the property taxes are usually reset to today’s market value.
Find the right path for the house
The route depends on how the house was owned, what it’s worth and whether there’s a will. Here are the common California options.
| Situation | Usual path | Who signs to sell |
|---|---|---|
| Living trust | No probate | The successor trustee |
| Recorded transfer on death deed | No probate. The beneficiary mails notice to the heirs and records an affidavit | The named beneficiary |
| Joint tenancy with a surviving owner | No probate. Record an affidavit of death | The surviving owner |
| Left to a surviving spouse | Spousal property petition, or simpler paperwork in some cases | The surviving spouse |
| Primary residence under $750,000 (death on or after April 1, 2025) | Petition to determine succession (one hearing, filed at least 40 days after death) | The heirs named in the court order |
| Everything else | Probate in the county Superior Court | The executor or administrator |
California also has a small estate affidavit, but its $208,850 limit is for personal property like bank accounts, not most houses. If the owner died before April 1, 2025, the older, lower limit for the home petition applies, so check the date with an attorney.
How California probate works for a house
- File in the right county. The petition goes to the Superior Court in the county where the person lived. The first hearing is usually set at least a month out, and longer in busy counties like Los Angeles.
- Get letters, with full authority. The court appoints the executor and issues letters. Most executors ask for full authority under the Independent Administration of Estates Act, which makes selling the house much simpler.
- Notify creditors and appraise. Creditors generally have four months after letters are issued to file claims. A court-appointed probate referee appraises the house for the inventory.
- Sell the house. With full authority, the executor sends a Notice of Proposed Action, and if no one objects within 15 days, the sale can close without a court hearing. Otherwise, the court has to confirm the sale at a hearing where other buyers can overbid.
A California probate often takes 9 to 18 months from start to finish, but the house can usually be sold once letters are issued.
Good to know
- California is a community property state, so a surviving spouse may already own half
- Heirs who live out of state can usually sign remotely
- A transfer on death deed only works if it was recorded within 60 days of being notarized
- A probate attorney is worth having if heirs disagree
New to probate?
Our guide to selling a probate property walks through the basics, and inherited a house? what to do next covers the first few weeks.
What it costs to sell an inherited house in California
California has a few costs most states don’t, starting with probate fees that are set by law and based on the home’s value, not the equity.
| Cost | In California |
|---|---|
| County transfer tax | $1.10 per $1,000 of the sale price. Many cities add their own on top |
| City of Los Angeles “mansion tax” | For sales closing after June 30, 2026: 4% over $5.4 million and 5.5% at $10.9 million or more. Most inherited homes are well below this |
| Probate fees | The executor and the attorney can each charge 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000 and 1% of the next $9 million |
| Escrow and title | Who pays varies by county, and Northern and Southern California follow different customs |
| Prorated property taxes | Settled at closing based on the tax bill |
Example: on an $800,000 estate, the statutory fee is $19,000 for the executor and $19,000 for the attorney. That’s based on gross value, even if the house has a mortgage.
Taxes heirs ask about
- No inheritance or estate tax. California has neither.
- Capital gains. Inherited property usually gets a “stepped-up” basis to its value on the date of death, so selling soon after often means little or no gain. With community property, both halves can get the step-up when a spouse dies.
- Prop 19 and property taxes. A child (or grandchild, if the parents have died) only keeps the parent’s low Prop 13 tax base if they move in as their primary residence within a year and file for the homeowners’ exemption. Even then, only about $1,044,586 of value above the current taxed value is protected for transfers through February 15, 2027. If no heir moves in, the house is reassessed at market value, which can multiply the tax bill.
If the house is in one of our California markets
The rules are statewide, but each area has its quirks.
Los Angeles
Los Angeles County has the busiest probate court in the state, so hearings are often set further out. Older homes often have unpermitted additions or garage conversions that buyers and lenders will flag.
Inland Empire
Riverside and San Bernardino are separate counties with their own courts. In the high desert, check for leased solar panels, since a solar lease has to be transferred or paid off at the sale.
Orange County and San Diego
Higher values mean more homes are over the $750,000 petition limit, so a trust or full probate is more common. Check for HOA dues and Mello-Roos assessments on the tax bill.
Bay Area and San Jose
Some cities, including Oakland and Richmond, charge city transfer taxes far above the county rate. With Bay Area values, the Prop 19 limit and the stepped-up basis matter a lot, so talk to a tax pro first.
Sacramento
Sacramento County probate goes through its Superior Court. Summer heat puts the roof and air conditioning near the top of every buyer’s list.
Fresno and Bakersfield
Lower values mean many homes fit under the $750,000 petition, which can save months. Rural properties may have a well or septic system that buyers will want inspected.
Keep, rent, list or sell for cash?
There’s no wrong answer, just the one that fits your family. Here’s how they compare for an inherited California house.
Keep it
Works best if an heir moves in within a year and keeps the low Prop 19 tax base. Otherwise, the reassessed taxes can be steep.
Rent it out
Brings in income, but the taxes are usually reassessed, and California’s tenant protection and rent cap rules apply to many rentals.
List with an agent
Usually the highest price if the house is in good shape and the heirs can clean it out, fix it up and wait.
Sell for cash
Fastest and simplest: sold as-is, with no cleanout or repairs, closing when the estate is ready. Get an offer →
Comparing a cash offer with listing? Our cash buyer vs. realtor guide shows how to compare the two fairly.
Selling the house to BAM
- Tell us about the house. We can make an offer before letters are issued, so the family knows the number.
- Get a fair cash offer in 24 hours. We show you the math behind it.
- Close when the estate is ready. We work with your probate attorney and a California escrow and title company, and wait out any notice period. You pick the date.
- Leave what you don’t want. Take the keepsakes. We handle the rest after closing.
Why heirs call us
- 20+ years and 500+ houses bought
- No commissions or fees
- We pay all closing costs
- Back taxes and liens paid at closing
- Close in as little as 2–3 weeks, or on your timeline
California inherited house questions
Do I need probate to sell an inherited house in California?
Not always. A living trust, a recorded transfer on death deed or joint tenancy avoids probate. If the house was the person’s primary residence, is worth less than $750,000 and the death was on or after April 1, 2025, a single petition to determine succession can transfer it. Otherwise, the executor goes through probate.
What is the $750,000 primary residence petition?
It’s a shortcut created by a 2024 law. If the house was the person’s main home and is worth less than $750,000, the heirs can file a petition to determine succession at least 40 days after the death. A judge signs an order transferring the house at one hearing, with no full probate.
Can an executor sell without court approval?
Usually, yes. With full authority under the Independent Administration of Estates Act, the executor sends a Notice of Proposed Action to the heirs. If no one objects within 15 days, the sale can close without a court hearing. Otherwise, the court confirms the sale at a hearing where others can overbid.
Will property taxes go up if we keep the house?
Often, yes. Under Prop 19, a parent’s low tax base only carries over if a child moves in as their primary residence within a year and files for the homeowners’ exemption, and only up to about $1.04 million of extra value. If no one moves in, the house is reassessed at market value.
How much does probate cost in California?
Executor and attorney fees are set by law. Each can charge 4% of the first $100,000 of the estate, 3% of the next $100,000 and 2% of the next $800,000, based on gross value. On an $800,000 estate, that’s $19,000 each, plus court and appraisal costs.
The house needs a lot of work. Will you still buy it?
Yes. Take what you want and leave the rest. We buy inherited houses as-is, including ones with unpermitted additions, old roofs or years of deferred maintenance.
General information, not legal or tax advice. Probate and tax rules change and every estate is different, so check with a California probate attorney or tax professional. Current as of October 2026.
Sources for this page (7)
- Petition to determine succession to a primary residence under $750,000
- California Probate Code section 10810, statutory probate fees
- Independent administration and the Notice of Proposed Action
- Board of Equalization, Prop 19 exclusion amount for 2025–2027
- California transfer on death deed rules
- Measure ULA thresholds after June 30, 2026
- IRS Publication 551, basis of inherited property
Talk to us about the house, no pressure
We’ll walk the whole family through the offer, even if a cash sale isn’t the best fit.