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Inherited a house? You can sell it as it is, probate and all.

Most inherited Bay Area houses come with a full garage, an old roof and a few relatives with opinions. A cash buyer can work with the estate's timeline, buy the house with everything still in it and close when the court or the trust says you can.

Probate, trust or neither

If the house was in a living trust, the successor trustee can usually sell it without going to court. If it wasn't, the estate typically goes through probate in the county where your parent lived.

In probate, a lot depends on the authority the court gives the personal representative. With full authority under California's Independent Administration of Estates Act, they can sell after giving the heirs notice of the proposed sale, with no court hearing. With limited authority, the court has to confirm the sale, and other buyers can show up at the hearing and overbid. The California courts' probate self-help pages explain both paths in plain language. Read them before you talk to anyone who wants to buy the house.

Prop 19 changed the math on keeping it

Before 2021, children could often inherit a parent's low property tax base. Under Proposition 19, that only works if a child moves in and makes the house their primary home. Even then, if the house is worth far more than its old taxable value, part of it still gets reassessed. If nobody in the family is moving in, the house is reassessed to market value, and the tax bill on a house your parents bought in the 1970s can jump by thousands a year. That alone pushes a lot of families to sell. The Board of Equalization's Prop 19 page has the details.

Taxes on the sale

Inherited property usually gets a stepped-up basis, which means its value for capital gains purposes resets to roughly what it was worth when your parent died. Sell fairly soon after and there's often little or no gain to tax. IRS Publication 559 covers how this works for survivors and executors, and a tax preparer can tell you how it applies to your family.

The stuff inside

You don't have to empty the house. Take the photos, the papers and whatever matters to you, and leave the rest. The buyer handles the cleanout after closing. If siblings live out of state, the title company can usually arrange for documents to be signed where they are.

When there are several heirs

A written cash offer gives everyone one number to look at. The proceeds are paid out through escrow according to the will, the trust or the court's order, so nobody has to trust anybody else with a check. If one heir wants to keep the house, a buyout of the others is worth talking through before you call anyone.

Questions people ask

Can I sell a house before probate is finished?

Once the personal representative has authority from the court, they can sign a contract, and the sale closes when the notice rules or the court allow. With a trust, the trustee can usually sell right away.

Do we have to clean out or fix the house first?

No. The buyer takes it as it is, furniture and garage included.

How long does probate take in the Bay Area?

It depends on the county court's calendar and whether anyone objects. A full probate in California commonly takes nine months to a year and a half.

Who signs the sale documents?

The successor trustee for a trust, or the court-appointed executor or administrator for a probate estate.

Tell us about the house

The address and what's going on with it. That's the whole first step, and it takes about ten minutes on the phone.

(800) 000-0000

Rather type? Send the address

Call (800) 000-0000