Probate, trust and conservatorship real estate guides for Los Angeles families.

Often, yes. Once the court appoints the executor or administrator, the house can usually be sold during probate. With full authority, the sale often moves ahead after required notices and any applicable objection period, provided no unresolved objection or other requirement prevents the sale. With limited authority, the court must confirm the sale at a hearing. How court confirmation works.

Not always. In probate, the executor or administrator manages the sale, and heirs receive notice and can object. In a trust, the successor trustee usually has the power to sell but must act in the beneficiaries' interest and keep them informed. If heirs already own the home together, different rules apply. When the family disagrees, ask an attorney to clarify the authority to sell. Beneficiary rights.

Not always. A house held in a living trust usually passes without probate. California also has a simplified court petition for a qualifying California primary residence with a gross value of $750,000 or less when the death occurred on or after April 1, 2025. Additional eligibility requirements apply. An attorney can confirm which path applies.

California Courts: simplified transfer procedures →

Usually the property is reassessed when it changes hands. Under Proposition 19, a qualifying child may preserve some or all of the existing taxable value of the parent’s principal residence by making it their own principal residence, subject to value limits and filing requirements. The homeowners’ exemption generally must be filed within one year; the exclusion claim has separate deadlines. Check with the County Assessor or a tax professional.

California Board of Equalization: Proposition 19 →

Inherited property generally receives a basis adjustment to its fair market value at the date of death, although exceptions apply. The adjustment can be up or down. If the house sells near that value, the taxable gain is often small. A date-of-death appraisal helps document it. Confirm the details with a tax professional.

IRS: basis of assets →

The loan stays in place and payments still need to be made. Contact the servicer about the documents needed to confirm the successor in interest. Federal law generally prevents the lender from calling the loan due just because a relative inherited the house. This protection does not erase the debt or missed payments. Reverse mortgages work differently and have their own deadlines.

CFPB: getting mortgage information after an inheritance →

When a probate sale goes to a court confirmation hearing, other buyers can bid more in court. The first overbid must be at least the accepted price plus 10% of the first $10,000 plus 5% of the rest. Try the overbid calculator.