Seller Guide
Selling an Inherited House in California: Probate & Taxes
By the Harbison Buys Homes team · Updated
The short answer
You can sell an inherited house in California, but who can sign and when depends on how the title was held. Homes in a living trust can usually be sold by the trustee without court involvement. Homes that go through probate can often be sold by the executor during probate, sometimes without court confirmation under the Independent Administration of Estates Act.
Do I need probate to sell an inherited house?
Not always. It depends on how the owner held title:
- Living trust: the successor trustee can typically sell without probate.
- Joint tenancy or community property with right of survivorship: the surviving owner takes title and can sell after recording the proper documents.
- Transfer-on-death deed: the named beneficiary can take title without probate.
- Owned solely, no trust: probate is usually required, although California has simplified procedures for smaller estates and, for deaths on or after April 1, 2025, a streamlined petition for a primary residence valued up to $750,000.
Thresholds change periodically, so confirm current limits with a probate attorney.
Can you sell a house during probate?
Yes. If the executor or administrator has full authority under the Independent Administration of Estates Act (IAEA), they can usually sell after giving heirs a Notice of Proposed Action, without a court hearing. With limited authority, the sale must be confirmed by the court, and other buyers may overbid at the hearing.
How long does it take?
California probate commonly takes nine months to a year and a half from start to finish. A trust sale can move much faster. A direct buyer can often close within weeks once the person with authority is ready to sign.
What taxes apply when you sell an inherited home?
Inherited property generally receives a “stepped-up” tax basis equal to its value at the date of death, which often reduces or eliminates capital gains if you sell soon after. California’s Proposition 19 limits when children can keep a parent’s lower property tax assessment — generally only if the child moves in as their primary residence. Talk to a tax professional about your situation.
What if the heirs disagree?
Co-heirs who disagree can often resolve it by getting clear numbers: an as-is offer, a listing estimate, and the cost of repairs. If they still cannot agree, a California court can order a partition sale — usually the slowest and most expensive route.
Your options for an inherited house
- Sell as-is — leave belongings and repairs behind
- Clean up and list — often nets more on a house in decent condition
- Rent it out — keeps the asset but adds landlord responsibilities
- Move in — may preserve the property tax base under Prop 19
This guide is general information, not legal, tax, or financial advice. Laws and thresholds change — consult a qualified attorney, CPA, or your agent about your specific situation.