Only keep it if you're going to live there or rent it out. You always have the right to refuse an inheritance. If it's going to be too expensive to own, letting the estate sell it may be your best choice. If there's equity in the house, but you don't need or want it, you can always accept the inheritance, then sell it.
If you inherit a house, changing the deed is one of the first things you'll want to do. It's an important step that ensures your name is on the deed and proves your legal entitlement to the property moving forward. Here's a step by step guide that breaks down this process.
Beneficiaries may need to pay out-of-pocket for ongoing expenses like property taxes, utilities, insurance and general upkeep. Also, the probate process is a matter of public record. This means that the details of your estate, including information about your home, become accessible to the public.
While California may not impose an inheritance tax or an estate tax, there are still taxes associated with selling an inherited property: Capital Gains Tax: Capital gains tax is applied on a stepped-up basis, meaning it's only relevant to any increase in the property's value after inheritance.
When a house is transferred via inheritance, the value of the house is stepped up to its fair market value at the time it was transferred, according to the IRS. This means that a home purchased many years ago is valued at current market value for capital gains.
The straightforward answer is no, and there is no specific time limit on selling an inherited property. However, certain factors will influence the timeline of the sale process. Understanding these nuances is key to ensuring a smooth and compliant sale.
Beck, Lenox & Stolzer Estate Planning and Elder Law, LLC, knows from experience how bad behavior can erupt among the siblings as well. Many people think children automatically inherit a house when their parents die, but this isn't true. It's possible for children to inherit without a will, but it doesn't always happen.
You can ensure your heirs don't incur any capital gains tax penalties by divesting the asset when your affairs are being settled through probate, but your estate will be liable for any long-term capital gains taxes realized from the sale.
Using tax assessment records
Start by requesting the recent tax assessment records from the county clerk's office. While assessments that haven't been adjusted in years can't help you determine the property's value, the IRS allows heirs to use the home's assessed value on the date of the owner's death for cost basis.
If You Sell Your Property Before You Die
The problem is, you're going to have to pay up to 20% capital gains tax to the IRS. What's worse is high tax states like California may take another 13% in taxes.
Your share of sales proceeds (generally reported on Form 1099-S Proceeds From Real Estate Transactions) from the sale of an inherited home should be reported on Schedule D (Form 1040) Capital Gains and Losses in the Investment Income section of TaxAct.
Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024 and $13.99 million in 2025, and the federal estate tax rate ranges from 18% to 40%.
Upon selling an inherited asset, if the inherited property produces a gain, you must report it as income on your federal income tax return as a beneficiary.
It depends on your personal circumstances. If you want to live in the home or use it as a rental property, keeping it obviously makes sense. If you don't want to do either — or if it needs significant work that you don't want to commit to — selling it will make more sense.
There is no set time for when a house needs to be cleared. It is the responsibility of the deceased's family to ensure all items are removed from the property. Once this is done, the house can be sold, with the proceeds then being distributed to all designated heirs.
I live and do real estate in California. If the parent died in the property, you should wait at least three years to sell the property. You must disclose (tell) a buyer if a person died in that property if it happened within the last three years. After three years, no disclosure is required.
So long as you have never occupied it personally, this is generally allowed. The amount of your loss that you will be able to deduct, however, will be limited to the difference between the price you sell it for and the fair market value of the home when you inherited it.
Some also worry that the home will be sold quickly, against their wishes. And there is good reason to be concerned. If you bequeath a house to an heir or heirs, they will have to make an immediate plan for home maintenance, mortgage payments (if necessary), utilities, property taxes, repairs and homeowners' insurance.
“Cash is king when it comes to leaving an inheritance,” said Carbone. “It's the simplest asset to deal with in terms of a transfer.”