Selling Inherited or Probate Property in California

How you sell inherited California real estate depends on how it was held. Property in a trust or held with right of survivorship can be sold without probate; property in a probate estate is sold by the court-appointed personal representative, sometimes with court confirmation. Inherited property generally receives a stepped-up tax basis.

Inheriting a house in California raises a practical question: can you just sell it? The answer depends almost entirely on how the property was held when the owner died.

First, figure out how title was held

In a living trust → the successor trustee can sell it without probate, following the trust’s terms. See living trusts.
Held with right of survivorship (joint tenancy or community property with survivorship) → it passed to the surviving co-owner outside probate; they can sell as owner. See how to hold title.
Solely owned, no trust or survivorship → the home is part of the probate estate and generally must go through probate before sale (unless it qualifies for a small-estate procedure).

Selling property that’s in probate

When a home is in probate, the personal representative (executor or administrator) sells it — but only after the court issues Letters appointing them. How the sale proceeds depends on their authority:

Independent Administration of Estates Act (IAEA): with full authority, the representative can sell with a Notice of Proposed Action to the heirs, often without a court hearing.
Court confirmation: with limited authority, the sale must be confirmed by the court, sometimes with overbid bidding in the courtroom.

The executor’s duties guide explains the representative’s broader responsibilities.

Two things that work in your favor

TDS exemption. A fiduciary selling estate property is generally exempt from the Transfer Disclosure Statement (Civil Code §1102.2) — see seller disclosures.
Stepped-up basis. Inherited property generally takes a stepped-up tax basis equal to its date-of-death value, which can sharply reduce capital-gains tax when you sell. Confirm the details with a tax professional.

Probate sales have strict procedures and deadlines. To get matched with a local attorney, connect with a lawyer.

Frequently asked questions

Can I sell an inherited house in California without probate?

Sometimes. If the home was in a living trust or held with right of survivorship (joint tenancy or community property with survivorship), it can usually be sold without probate. If it was solely owned, probate is generally required first.

Who can sell a house that's in probate?

The personal representative (executor or administrator) appointed by the court, after receiving Letters. Depending on their authority, the sale may need court confirmation or may proceed under the Independent Administration of Estates Act with notice.

Does the executor have to give a Transfer Disclosure Statement?

Usually no. Sales by a fiduciary administering an estate, and sales by court order in probate, are generally exempt from the TDS (Civil Code §1102.2) — though other honesty obligations still apply.

Do I owe tax on the increase in value since the original owner bought the home?

Inherited property generally gets a 'stepped-up' tax basis to its value at the date of death, which can substantially reduce capital-gains tax on a later sale. Confirm the specifics with a tax professional.

Related guides

California Evictions: The Process & Tenant Protections A California landlord can't evict by self-help — only a court can, through an 'unlawful detainer' lawsuit that starts with a written notice. For covered units, the Tenant Protection Act requires just cause to evict after 12 months and caps annual rent increases at 5% plus regional inflation, up to 10%.

California Security Deposit Rules As of 2026, California caps most residential security deposits at one month's rent (under AB 12, effective July 1, 2024), and the landlord must return the deposit with an itemized statement within 21 days after move-out. A qualifying small landlord may charge up to two months.

How to Hold Title to California Real Estate How you hold title decides what happens to California real estate when you die. Survivorship forms — joint tenancy and community property with right of survivorship — pass to the co-owner outside probate, while sole ownership and tenancy in common can send the property through probate.

Selling a House in California: Required Disclosures When you sell a California home you must give the buyer a Transfer Disclosure Statement and, where applicable, a Natural Hazard Disclosure, and disclose any known condition that materially affects the property's value. Sales by an executor or trustee of an estate are generally exempt from the TDS.