Each sibling has an equal share in the valuation of the home. They can live there together. They can sell the property and split the proceeds. They can rent it out and split the income. Or, if one/some want to live there and others don't, the ones who do can buy out the shares of those who don't.
Either sell the property (if the will or trust permits you to do so) or divide the property according to the terms of the will or trust. Divide the proceeds from the sale (if applicable) among siblings in accordance with the percentage of each's ownership interest.
Capital gains tax on the jointly owned inherited property will be evenly split, based on the ownership stake, for each owner that inherited a piece of that property. Capital gains taxes are paid when you sell an asset. They are levied only on the profits (if any) that you make from this sale.
In California, a co-owner of an inherited property can force a sale of that property by taking legal action against siblings with a lawsuit called a partition action, a legal proceeding that can result in the court ordering the sale of the property and the division of the profits among siblings.
A disclaimer is an heir's legal refusal to accept a gift or a bequest. The disclaiming party does not have the authority to direct who inherits their share. If you properly execute a disclaimer, the asset disclaimed will pass to whoever would have received it had you died before the person who left the asset to you.
Inherited properties can come with financial responsibilities such as existing mortgages, unpaid property taxes, maintenance costs, and insurance requirements. Be aware of hidden costs, including emergency repairs, property management fees, and legal expenses.
Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate.
As we mentioned earlier, this can be done through a loan, with the help of family or friends, or through the sale of other assets. After the financing has been secured, you'll need a lawyer to draw up the necessary paperwork. This will include a sales contract and a deed transferring ownership of the property to you.
While executors have discretion in some areas, your core decision-making is bounded by: The deceased's will. You must follow their distribution wishes rather than diverging based on your own judgments.
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.
“Give the house, the land or the business to just one child and make up the difference with a monetary share for the others. Alternatively, stipulate that the asset be sold and the proceeds divided evenly. That way, the one who really wants the asset can buy the others out.”
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.
Selling a property with your name on the deed but not on the mortgage creates added levels of complexity and requires more collaboration with third parties. However, you can achieve a successful sale with careful planning and the right support.
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.
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.
If you inherit a house with a mortgage, you can sell the house or assume the mortgage yourself. You should determine the equity and costs before making any final decisions. You might also consider refinancing to lower the interest rate or monthly mortgage payments.
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.
Generally, the capital gains pass through to the heirs. The estate reports the gain on the estate income tax return, but then takes a deduction for the amount of the gain distributed to the heirs since this usually happens during the same tax year.
There are four ways you can avoid capital gains tax on an inherited property. You can sell it right away, live there and make it your primary residence, rent it out to tenants, or disclaim the inherited property.
Writing a will and naming beneficiaries are best practices that give you control over your estate. If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.
The answer would be the decedent's heirs, who may consist of their surviving spouse, children, grandchildren, parents, siblings, and nieces and nephews, among others. To put it simply, even when there is no will, the administrator does not have the authority to decide who gets what.
Family members related by blood, marriage, or adoption can inherit your intestate estate. Intestate succession laws do not favor any family member not related biologically or with whom you have not signed a legal agreement. These people include: Stepfamily (stepchildren, stepparents, stepsiblings)