What happens when you inherit a house in California?

To begin, you may feel an emotional connection to the inheritance, and you may have no idea how or where to start when it comes to selling a house that you’ve inherited. In fact, it’s not unusual for people who inherit homes to be at a loss in terms of what comes next.

We work with probated houses and estate & trust issues in San Diego DAILY. If the house is in probate, we can help monitor the case, as we can be your boots on the ground who will communicate and coordinate with all applicable parties. For example, sometimes friends of the deceased, neighbors of the property will bring up potential “issues”, we can handle. We’re happy to help in any situation, as we are dedicated and committed to making this as EASY as possible for you. If you need to sell inherited property in California quickly, you’ll need to know a few basics.

The pros of selling an inherited home

  • Financial Gain: Selling provides immediate cash for various needs, investments, or debt reduction.
  • Avoid Maintenance Costs: Eliminate ongoing expenses like repairs and property taxes.
  • Asset Diversification: Convert property value into diversified investments.
  • Emotional Relief: Alleviate emotional ties and memories associated with the property.
  • Estate Simplification: Streamline asset distribution among heirs.
  • Market Timing: Capitalize on favorable market conditions for better sale outcomes.
  • Tax Benefits: Potentially avoid long-term tax obligations from prolonged ownership.
  • Decision Flexibility: Make choices uninhibited by property management responsibilities.

We Buy Probate Properties in Any Condition! Facing any of these challenges?

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Home Still in Probate

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Costly Repairs Needed

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Ongoing Legal Matters

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Multiple Heirs

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Stress & Time

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Understanding Inherited Property & Laws in California

Before diving into the process of selling an inherited house in California, it’s very important to understand what exactly an inherited property is and the various legal and tax aspects involved. Inherited property refers to any real estate or assets passed down to you by a family member or close friend after their passing. Inheritance can occur through a will, trust, or even as a result of state intestacy laws when someone dies without a valid will in place. Regardless of how you came to inherit the property, it’s important to understand the reasons and implications of inheriting a house. Simplifying the selling process is what we do best.

The probate process is a legal procedure that takes place after a person’s death to validate their will, settle any outstanding debts, and distribute assets to the rightful heirs. In California, probate is typically required for estates with a total value of more than $166,250 (as of 2021), unless the property is held in a trust or jointly owned with the right of survivorship.

During the probate process, the court will appoint an executor or administrator to manage the deceased’s estate. This person is responsible for inventorying the assets, paying any outstanding debts or taxes, and distributing the remaining property to the heirs as specified in the will or according to the rules of intestate succession.

When selling an inherited property with multiple owners, each inheritor may have a different opinion on the listing price or choice of real estate agent. This can lead to delays in the sale. So, do all heirs have to agree to sell the property in California? No, but it’s ideal for all owners to be on the same page regarding the sale. In case of any conflict among the inheritors, a neutral third party, like a real estate attorney, is appointed to facilitate decisions.Addressing Joint Ownership

When you have inherited a California home it might sometimes involve joint ownership, where two or more individuals have an ownership interest in the property. Joint ownership can take several forms, including joint tenancy with rights of survivorship, tenancy in common, or tenancy by the entirety. When dealing with joint ownership, it’s important to understand each party’s rights and responsibilities. In some cases, the surviving owner(s) may automatically inherit the deceased owner’s share of the property. In other cases, the deceased owner’s share may be subject to probate and distributed according to their will or state intestacy laws. Navigating joint ownership can be complex, and it’s advisable to consult with an attorney to ensure that everyone’s rights are protected.

If you are inheriting a house with a mortgage then it must be paid off before you proceed with the sale. Doing this reduces your potential proceeds from the sale, and impacts your ability to maximize the profit.

You can negotiate with the lender to assume the existing mortgage or refinance the loan. Alternatively, consider exploring options like a short sale or loan assumption to sell the property without fully paying off the mortgage balance.

Structural issues or needed repairs make inherited houses less appealing to buyers. This limits the number of buyers and reduces the house’s market value. Consider hiring a CA home inspector to assess the property’s condition and recommend repairs to enhance the property’s market appeal.

Here are the taxes you have to pay when selling an inherited property in California:

  • Transfer Tax: A transfer tax is a fee the government changes when real estate ownership changes. In California, it is at a flat rate of $1.10 per $1000 of the sale price.
  • Property Tax: It is an annual fee you pay to your local government based on the value of your property. Like any other real estate, inherited property incurs property tax. California’s property tax rate is 0.75%.
  • Estate Tax: California has no state estate tax. The federal estate tax only applies to very large estates exceeding $13.8 million in 2024. It’s a tax on the estate itself, not the inheriting individual.
  • Inheritance Tax: The inheritance tax rate depends on the beneficiary’s relationship to the deceased and the inheritance amount. Inheritance tax doesn’t apply to California.
  • Capital Gains Tax: The IRS applies capital gains tax based on a stepped-up basis. This tax applies only to the property’s appreciation after inheritance.

If a person dies without a valid will, their estate will be distributed according to state intestacy laws. This may result in the property being inherited by a surviving spouse, children, or other relatives. In these situations, the inheritors may not have anticipated receiving the property and may be unsure of the deceased’s wishes concerning the house. This can create uncertainty and potential disagreements among the inheritors, making the decision to sell your property more complex. It may be necessary to consult with an attorney and other family members to determine the best course of action and ensure the property is distributed fairly among the inheritors.

Here are the most common documents you will likely need:

  • Proof of Ownership: This document proves you now own the house. You will get this document after the probate court proceedings.
  • Death Certificate of the Deceased: It verifies the death of the previous owner. Title companies, lenders or parties involved ask for the death certificate to finalize the sale.
  • Property Title Records: The property title tracks who has owned the house over time. Title records also inform about existing liens or mortgages on the property that must be paid off before the sale.
  • Property Tax Records: These ensure all property taxes are paid and there are no outstanding liens. It may be required by buyers, mortgage lenders, or title companies to verify the property’s tax history and ensure compliance with local tax laws.
  • Photo ID: You’ll need your photo ID for paperwork throughout the selling process to verify the identity of the seller or the inheritor.
  • Seller Disclosure: In California, you’ll need to tell buyers about the house’s condition by law. You will need to fill out the seller disclosure accurately to inform the buyer(s) about the property’s condition.

Request a Free Home Offer

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    Request a Free Home Offer

    Call SD House Heroes 24/7 at 619 345-7777 or Fill Out Your Information Here:

      Decide whether you want to make repairs & sell on the market, sell it as-is-for cash, or Let Us Renovate & Sell it for You

      We Buy Houses As-Is for Cash -OR- We Can Renovate Pre-Sale & Boost Your Profit, Guaranteed.

      If you need to sell now, get a fast cash offer. If you have 1-2 months to wait, we can transform your property in mere weeks into a highly desirable asset, with NO out of pocket costs to you!

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      Step 1: Tell Us About Your Property

      Call us or enter your address below and we’ll look at comparable home sales in your neighborhood. We can either offer to buy it “as-is” for cash OR we can invest our own capital into updating your property in 3-4 weeks so we can sell it for top dollar!

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      Step 2: Choose Which Offer You Want

      Peace of mind with TWO, no obligation offers; 1) ALL cash offer to buy your house as-is. 2) A Pre-sale renovation where we guarantee to boost your equity and sell your house for more, with NO out of pocket costs to you.

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      Step 3: Close On Your Schedule

      Don’t wait 3-6 months or more to close. With cash in hand we can close as quickly as 7 days! If we renovate & sell for more, we usually do it in 4-8 weeks. Let’s explore our options and see what’s best for you and your family!

        Or Call Us 7 Days a Week at 619 345-7777

        We Buy, Renovate & Sell Inherited & Probated Houses in San Diego County.

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        Frequently Asked Questions | Selling an Inherited House to a Cash Home Buyer in San Diego

        Call us 7 days a week at 619 345-7777, we're happy to answer any questions you may have. We're here to help!

        With traditional methods, selling an inherited home can take months. However, when you work with a cash buyer like us, we can often close in as little as a week. The exact timeline depends on your specific situation and how quickly you want to Sell inherited house fast.

        Taxes from inheritance can be complex. Usually, you’ll owe capital gains tax on the difference between the home’s value when you inherited it and the sale price. However, it’s best to consult with a tax professional for advice tailored to your specific situation when you sell inherited property.

        Don’t worry! We buy houses in any condition. When we say “Sell inherited house as is,” we mean it. You don’t need to spend time or money on repairs. We’ll handle all of that after the purchase.

        Yes, you can. However, all legal owners will need to agree to the sale. We have experience working with multiple heirs and can help navigate this process to ensure everyone’s on the same page when you sell inherited home.

        Typically, you’ll need the death certificate of the person who left you the house, the will or probate documents showing your right to sell my inherited house, and any relevant property documents. We can guide you through gathering the necessary paperwork.

        In the State of California, you won’t owe any inheritance tax on the property, but if you sell the home, you’ll likely owe capital gains tax on any value that exceeds what the house was worth at the time of your relative’s passing. Basically, if you turned a profit on the property by selling it for an amount that exceeds its fair market value at the time your loved one passed away, you are required to pay taxes.

        If the sale price you receive on your inherited property exceeds its value at the time that your relative died and left it to you, capital gains tax may apply to your profit. This is known as the step-up basis, and it allows you to subtract specific costs — such as those related to improvements and sales expense — from your profits before they’re taxed.

        You may want to avoid paying capital gains tax altogether. If you live in the house you inherit for at least two years prior to selling it in California, you’re off the hook for both federal and state capital gains tax in most situations. If making the home you inherited your primary residence works for you, it can be very helpful financially as well. Your other option is to keep and rent out the house, as this bypasses the issue of capital gains tax and allows you to benefit from the rental income.

        Yes, we can help! We understand that navigating the probate process can be overwhelming, and situations involving the need for a power of attorney (POA) can add an extra layer of complexity. While we are not attorneys and cannot provide legal advice, we have extensive experience working with families and individuals in probate and can connect you with trusted professionals who specialize in estate and probate matters. **If you need to obtain power of attorney to manage the estate or facilitate the sale of an inherited property, we can guide you on where to start and what steps to take. A power of attorney can be crucial if you need to act on behalf of someone who is unable to handle the estate themselves, such as an elderly or incapacitated family member. 

        In most cases, you cannot legally sell a house during probate in California without first obtaining Letters of Administration or Letters Testamentary from the probate court. These documents grant you the authority to act as the estate’s personal representative, enabling you to manage and sell estate assets, including real property. However, there may be specific situations where exceptions or preliminary actions can be taken, depending on the court’s approval. If you’re unsure of your options or the process, our experienced team at San Diego House Heroes can guide you through every step and connect you with legal professionals to ensure compliance with probate laws. We’re here to simplify the process and help you move forward efficiently. If you have questions about selling your home during probate, reach out to us today for support!

        In California, an executor and an administrator both play key roles in managing the probate process, but their titles and responsibilities depend on whether the deceased left a valid will:

        • Executor: This is the person named in the will to carry out the wishes of the deceased. The executor is responsible for managing the estate, which includes gathering assets, paying debts, and distributing property to the beneficiaries as outlined in the will.
        • Administrator: If the deceased did not leave a will (referred to as dying “intestate”) or if the named executor is unable or unwilling to serve, the court will appoint an administrator to handle the estate. The administrator’s duties are similar to those of an executor but follow California’s intestacy laws, which dictate how the estate will be distributed.

        Both executors and administrators are required to act in the best interests of the estate and its beneficiaries, and their responsibilities are overseen by the probate court. If you’re involved in selling an inherited property during probate, understanding these roles is crucial, and our experienced team at San Diego House Heroes can help guide you through the process. 

        If the will isn’t valid, the estate will generally be treated as if there is no will, a situation known as dying intestate. In California, when a will is deemed invalid—whether due to improper execution, lack of capacity, fraud, or undue influence—the probate court will oversee the distribution of the estate based on California’s intestacy laws. These laws determine who inherits the property, prioritizing close family members such as spouses, children, and other relatives. While this can complicate matters, it doesn’t mean you’re stuck. At San Diego House Heroes, we’re experienced in handling complex probate situations, including cases involving invalid wills. Whether you’re an heir or involved in the estate’s management, we can guide you through the process of selling the inherited property, working alongside legal professionals to ensure everything is handled properly. We’ll help you navigate the next steps and provide solutions tailored to your needs.

        We work with probated and inherited houses every single day and we can try to help. If something cannot be resolved by your attorney or by us, we can refer you to trained probate mediators (fiduciaries) if you need! We know how delicate and emotionally charged these situations can be, and we’re here to do whatever we can to help you.

        Equity Boost is a unique program by San Diego House Heroes that offers homeowners the ability to maximize their home’s sale price without any upfront costs. We fund small renovations, updates, and staging, allowing you to increase your property’s market value and keep the added profit. Payment is deferred until the home sells.

        Once you decide to sell with us, we assess your property’s potential and create a tailored plan to increase its value through targeted renovations or upgrades. Our in-house, licensed contractors handle everything from start to finish. After the improvements, we list and market your home to attract the highest offers. We’re only paid after your property closes escrow.

        No, there are absolutely no upfront costs to you. All renovation and staging expenses are covered by us, and we don’t get paid until the home is sold.

        YES! Unlike selling as is for cash where you will get a discounted cash offer, here we invest OUR money because we’re incentivized to sell your house for more profit!

        We collaborate with you to understand your needs and goals, and our team designs a renovation plan focused on maximizing your property’s value. We manage all aspects of the project using our experienced, licensed contractors to ensure quality and efficiency.

        In a traditional sale, you might have to cover renovation or staging costs yourself, with no guarantee of a higher sale price. With Equity Boost, you gain the benefits of an increased market value with no upfront costs. We also bring market expertise and handle all aspects of the renovation, staging, and sale. With an agent, you don’t know how much your NET will be after they deduct closing costs, high commissions & seller concessions.  (with us the NET we agree is what you’ll get paid (not including any debt), and they’re usually too lazy and/or ‘frugal’ to invest into your home to sell it for more.

        The cash offer is lower in price than what you get with the Equity Boost Program… Because our cash offer is guaranteed, we buy houses “as-is” and we can close in days, so it only works this way if it’s a discounted cash offer… with the Equity Boost Program you will get more money guaranteed, you just have to wait 3-6 weeks. 

        The renovations vary depending on your home’s specific needs. Common updates include interior and exterior painting, kitchen and bathroom upgrades, landscaping, and staging for an appealing presentation. Our team will advise on the best improvements to maximize value.

        Yes, you keep all the profits from the increased value generated by the renovations and staging. We simply defer our costs and only get paid once your home is sold.

        Each project is different, but our in-house team is experienced in handling renovations quickly to minimize time on the market. We’ll provide you with a timeline tailored to your property at the start of the project.

        Most properties qualify for Equity Boost, but we’ll conduct a preliminary assessment to ensure the program fits your home’s potential and meets market needs. If you have a home in very poor condition or a home that is not even rentable, then you’re probably better off selling your house as-is for cash.

        We’re committed to helping you get the best possible results and use data-driven strategies to price and market your property effectively. In the rare event your home doesn’t sell, we’ll work with you to explore alternative solutions based on your needs.

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        Honest, Straightforward, Local San Diego Home Buyers

        Since 2008, we've bought & sold over 500 homes in a Diego. If you can wait 3-6 weeks to sell - and your home is rentable - we can update it and sell it for more - guaranteed! Let's explore our options; our family is here to help your family.

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        Hi! We are Brock & Robyn, local San Diego real estate investors, and our family has lived in San Diego for the past 16 years. We fully understand the gravity of selling your home quickly, especially in a distressed or forced situation. We take pride in finding win-win solutions for families in a time of need, whether it’s a cash, as-is offer, or renovating + selling your house for more, guaranteed. At San Diego House Heroes we’ve transacted on over $275 Million in real estate since 2008. So whether you choose to accept a free offer or to pursue other means, we’re happy to provide you with all the resources necessary to make the best decision possible, for YOU. Call us anytime, or request a no-obligation offer today.


        Sell Your House Fast and Drama Fee to a Cash Home Buyer like SD House Heroes!

        It’s not WHAT we do that separates us, it’s HOW we do it. A lot of companies buy distressed properties, but very few real estate investors serve you with the speed, reliability, and personal touch like we do.

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        We buy houses As-is

        We buy homes in San Diego ‘As-Is’. No repairs needed!
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        Fair Cash Offer

        We will give you a VERY fair offer on your house.
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        Easy Sale Process

        We’ll guide you through the process from start to finish.
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        Zero Commissions

        You’ll pay ZERO closing costs or real estate commissions!
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        No Fees or Closing Costs

        We Pay Title & Escrow Fees AND you won’t be paying 5-6% in realtor commissions.
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        No Closing Costs

        We pay title & escrow fees. No last minute surprises.
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        Easy Paperwork

        Our paperwork is short, simple & easy to understand.
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        Close Quickly

        We’ll make a fair offer to close escrow, even within 7 days.
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        Peace of Mind

        The process is fast, simple and painless so you can move on.

          Or Call Us 7 Days a Week at 619 345-7777

            Or Call Us 7 Days a Week at 619 345-7777

            Our San Diego Customers are the Real Heroes.

            Real San Diegans who overcame life obstacles and took care of their families by selling to SD House Heroes!

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            Sarah
            Inherited a home in El Cajon
            Sarah in El Cajon
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            Oscar
            Needed to sell his home in Oceanside
            Oscar in Oceanside
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            Pete
            Had Bad Tenants in His Rental
            Pete in Chula Vista


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