You're not alone in this
An inherited property may need to pass through probate before it can be sold, and the right path depends on whether probate is open, completed, or not yet started — and how many heirs are involved.
Common situations homeowners face
- You inherited a home from a family member
- Probate is open, completed, or hasn't been started
- Multiple heirs share ownership and may disagree
- The home needs repairs or has been sitting vacant
- You live out of state and can't easily manage the property
Potential options and considerations
Confirm legal authority to sell
Selling an inherited home typically requires proper legal authority. An attorney or the probate court can clarify what's required in your situation.
Coordinate among heirs
When multiple heirs are involved, agreement and the right documentation matter before any sale proceeds.
Prepare or sell as-is
You can invest in repairs to list traditionally, or explore an as-is sale that avoids the time and cost of renovations.
Hold and rent
Some heirs choose to keep the property and rent it out — consider the ongoing management and carrying costs.
How Homestead may help
- Discuss the property, the estate, and your priorities
- Help you understand options whether or not probate is complete
- Explore a potential as-is purchase if a sale makes sense
- Point you toward an attorney or probate resources when needed
What an as-is sale involves for inherited & probate properties
- We can work with estates whether probate is open, completed, or being settled by an executor or administrator.
- You don't need to clear out personal belongings, paint, or make structural repairs — we purchase strictly as-is.
- If there are multiple heirs, we can coordinate transparent communication and paperwork so everyone understands the numbers.
- Closing is handled by a reputable California probate-friendly escrow and title team.
- Proceeds are paid directly to the estate account or designated heirs according to legal probate direction.
California Probate & Property Tax Considerations
- California probate threshold: Estates with real property exceeding statutory thresholds generally require formal probate unless held in a living trust or joint tenancy.
- Independent Administration of Estates Act (IAEA): An executor with full IAEA authority can often sell property without prior court confirmation, speeding up the process.
- Proposition 19: Rules for transferring a deceased parent's property tax base to children now require the heir to use the home as their primary residence within one year, or property taxes may be reassessed significantly higher.
- Out-of-State Executors: If you live outside California and inherited a property here, a direct sale eliminates cross-country travel for repairs and showings.
A clearer path forward
Every conversation starts with understanding your situation — no pressure, no judgment, and no obligation.
Tell Us What's Going On
Share your situation through a simple form or a conversation. No paperwork to gather first.
Let's Talk About Your Options
Our team discusses the property, your priorities, and possible next steps — including options that may not involve selling to us.
Choose What's Right for You
No high-pressure tactics. You decide what makes sense for you and your family. If a direct sale fits, we can explore an offer; otherwise, we help point you toward the right resources.
Inherited & Probate Properties — Frequently Asked Questions
Important disclosures
Homestead Solutions USA is a for-profit real estate investment company. We do not provide legal representation or probate services. This page is educational and not legal, tax, or financial advice.
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California Probate Basics & IAEA Authority
In California, if real property is valued above statutory thresholds and not in a trust, probate court oversees distribution. An executor with 'Full Authority' under the Independent Administration of Estates Act (IAEA) can sell real property without court confirmation.
Multiple Heirs & Shared Ownership
Disagreements among siblings or co-heirs are common. When one heir wants to keep the house and others want cash, options include buyouts, shared leasing, or an as-is sale where proceeds are divided equally through escrow.
Properties With Existing Mortgages
Under the federal Garn-St. Germain Act, a mortgage lender generally cannot enforce a 'due-on-sale' clause when property transfers to a relative upon death. The estate or heirs can continue payments while deciding what to do.
California Proposition 19 Property Tax Rules
Under Prop 19, children inheriting a parent's primary residence can only retain the parent's lower property tax base if they move in and establish it as their primary residence within one year. Otherwise, property taxes are reassessed to current market value.
When to Consult a Probate Attorney or CPA
Estate taxes, stepped-up basis calculations, creditor claim deadlines, and letters of administration require professional legal and accounting counsel. We encourage families to work closely with their advisors.