To leave a house to someone in a will, clearly identify the property using its full address and legal description, name the beneficiary clearly, and appoint an executor to manage the transfer. The will must be legally executed and will typically pass through probate. Alternatively, a Transfer on Death (TOD) deed can be used to bypass probate in many states.
On the death of the person who left you the house, that house goes into their estate along with other assets. You can choose to accept the house and it's transferred into your name, or, you can ask that the estate sell the property ( it won't be transferred into your name) and your receive any monies due.
Any Property You Don't Want Tied Up in Probate
For example, yes, you can leave a house in a will, but a home is usually one of your most significant assets. Tying it up in probate can cost a significant amount of money, not to mention headaches during the time that its next owner doesn't yet have legal title to it.
6 options for passing down your home
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
The most tax-efficient way to leave a home to a child usually involves leaving it in your will for them to inherit, which qualifies for a stepped-up tax basis (reducing capital gains tax if sold) and avoids immediate gift taxes, though trusts (like Revocable Living Trusts for probate avoidance or QPRTs for advanced planning) or Transfer-on-Death (TOD) deeds (where available) offer control and probate avoidance, while outright gifting is generally less tax-efficient due to inherited basis issues. Consulting an estate planning attorney is crucial to choose the best method for your specific situation.
Yes, your parents can gift you a house, but it involves navigating tax implications (like filing gift tax forms and potential capital gains taxes for you) and legal steps, with potential downsides like higher property taxes or Medicaid transfer penalties for them, making it crucial to consult a lawyer or financial advisor to understand the specific federal and state rules, especially regarding the cost basis, gift tax exclusion, and lifetime exemption.
To do this, clearly identify the asset and to whom it should go upon your death. To name your home in your Will, simply provide the street address. For example, "My home located at 123 Main St I leave to my children, Ann, Sara, and Tom."
The main rule helping avoid large taxes on inherited property is the Step-Up in Basis, which resets the property's cost basis to its fair market value at the date of the original owner's death, drastically reducing capital gains tax if sold quickly. Other strategies include using trusts to avoid probate, making lifetime gifts, or, if it was your primary home, using the Section 121 exclusion after living in it for two years.
Give more money away
Lifetime gifting is a straightforward way to begin reducing your IHT bill. By gifting money during lifetime, that would have been part of an inheritance anyway, you reduce the size of your estate so that there is smaller amount subject to IHT on your death.
The go-to method for passing your home to your children is to leave it to them in your will. By allowing them to inherit the property, your children will pay fewer capital gain taxes if they choose to sell the house. Capital gains taxes are imposed on the profit resulting from the sale of the home.
There has been speculation that the generous seven-year rule that allows families to pass on a potentially unlimited amount inheritance tax (IHT)-free could be abolished in the Autumn Budget. Speculation about the Budget has been rife, and savers should make sure to take any rumours with a healthy bucket of salt.
There are several ways to pass on your home to your kids, including selling or gifting it to them while you're alive, bequeathing it when you pass away or signing a “Transfer-on-Death” deed in states where it's available.
You can typically inherit a large amount without federal taxes because the tax applies to the deceased's estate, not the recipient, and the exemption is very high: $13.99 million in 2025 and $15 million in 2026 per person, meaning most inheritances fall below this threshold. The key is that the estate's total value must exceed these limits for any tax to be owed by the estate. Inheritances themselves (cash, property) are generally not income, but earnings on them (like interest/dividends) or pre-tax retirement funds (like IRAs) are taxable.
Con: The unexpected burden of ongoing expenses
Expenses such as mortgage payments, utilities, home insurance, property taxes, maintenance, repairs, and more can collectively represent a significant monthly financial commitment that your child or children may not have had to manage previously.
2. Changes to Gifting & Inheritance Rules. Annual Gift Tax Exemption Increase: You can now gift up to $19,000 per person per year without triggering taxes. A married couple can give $38,000 to each child or grandchild tax-free.
This means that if you inherit a property any time between 1st September and 31st August, you must pay Inheritance or Capital Acquisitions Tax by the 31st October. For example, if you inherited a property on 3rd September 2023, you would have had to pay CAT by 31st October 2024.