Probate, Trust & Inherited Home FAQ
Straight answers to the questions I hear most from executors, trustees, and heirs in San Diego County.
Do I need to go through probate to sell an inherited house in California?
It depends on how the home was owned. If it was held in a living trust, joint tenancy, or with a transfer-on-death deed, probate is often not needed. If it was in the deceased person's name alone, probate is usually required, though California has simplified procedures for some smaller estates and, for deaths on or after April 1, 2025, for certain primary residences valued up to $750,000. An attorney can confirm which applies.
How long does it take to sell a house in probate in San Diego?
The full probate case commonly takes 9 to 18 months. The sale itself can usually begin once the executor or administrator has Letters from the court. With full IAEA authority, the sale can close in a timeline closer to a normal sale. With court confirmation, add time for the hearing.
Can I sell the house before probate is finished?
Yes, in most cases. Once the court issues Letters, the personal representative can usually sell the home during probate, following either the Notice of Proposed Action process or court confirmation. You do not have to wait for the case to close.
Who pays the mortgage while the house is in probate or trust?
The estate or trust is generally responsible for keeping the mortgage, taxes, insurance, and HOA current. Missing payments can lead to late fees or foreclosure. Families sometimes advance payments and are reimbursed later; ask your attorney how to document this.
Should I fix up the house or sell it as-is?
It depends on the home, the market, and the estate's cash. Some light preparation such as cleaning, paint, and yard work often returns more than it costs, while major remodels rarely do. I give you a side-by-side estimate of as-is versus prepared so you can decide.
Will I have to pay capital gains tax when I sell an inherited home?
Inherited property generally receives a stepped-up tax basis to its value at the date of death, so selling soon after often results in little taxable gain. Every situation is different, so please confirm with a CPA or tax advisor.
Will the property taxes go up if I keep my parent's home?
Under Proposition 19, an inherited home is usually reassessed unless a child moves in as a primary residence within one year and files the claim, and even then the tax benefit is capped. Rentals and second homes are generally reassessed. Check with the San Diego County Assessor or a tax advisor.
What if the siblings or heirs don't agree on selling?
This is very common. An independent valuation and clear numbers often help families agree. If there is a real dispute, your attorney can explain the options. I keep every heir informed so no one feels left out.
Do you work with families who live outside San Diego?
Yes. I coordinate access, cleanout, repairs, vendors, and showings locally and send regular photo and video updates, so you can manage the sale from anywhere.
Do you charge for a consultation or value opinion?
No. The consultation and value opinion are free and come with no obligation.
¿Atiende en español?
Sí. Gerry habla español con fluidez y atiende a familias en inglés y en español durante todo el proceso.
These answers are general education, not legal or tax advice. Rules change and every estate is different, so please confirm details with a qualified attorney or CPA.
Have a Question That's Not Here?
Call or send a message. I am glad to help you understand your options, even if you are not ready to sell.