You generally don't pay federal income tax when you inherit a house due to the "step-up in basis," meaning its value resets to the fair market value (FMV) at the decedent's death; however, you'll owe capital gains tax if you sell it later for more than that stepped-up basis, and some states have their own inheritance or estate taxes.
One way to avoid capital gains tax on your inherited property is to make it your primary residence. If you live in the home for at least two out of five years before selling it, you can qualify for the Primary Residence Exclusion, which allows you to exclude up to $250,000 of capital gains from your taxable income.
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.
An heir who takes ownership of the family home must decide whether to continue making payments on the loan or use other assets to pay the mortgage off. Even if the home is put up for sale, mortgage payments must be made until money from the sale is available to pay off the mortgage.
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.
In summary: You don't pay CGT when you inherit a property (although you may have to pay Inheritance Tax) You may need to pay CGT if you later sell or gift the property and it has risen in value. Your CGT bill depends on the probate value, sale price, allowable costs and available reliefs.
You can typically inherit a very large amount from your parents without paying federal tax, as the federal estate tax exemption is around $15 million per person for 2026, meaning only estates larger than that pay tax, not you directly. While you generally don't pay income tax on inheritances (except for pre-tax retirement funds like IRAs/401(k)s, which are taxed as income when withdrawn), some states have their own estate or inheritance taxes with much lower thresholds, affecting a smaller portion of wealth.
The estate of the deceased pays capital gains tax on any increase in property value from the original purchase price to the fair market value at death. Beneficiaries pay capital gains tax only if they sell the inherited property for more than its value at inheritance.
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.
Inheriting a house that is paid off can give you several options without needing to worry about the mortgage. Once you receive ownership of the house after the probate, you can discuss and decide what you want to do with the house, whether that includes occupying it, selling it, or renting it out.
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 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.
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. It's a progressive tax, just like the federal income tax system. This means that the larger the estate, the higher the tax rate it is subject to.
Inheriting $100,000 or more is often considered sizable. This sum of money is significant, and it's essential to manage it wisely to meet your financial goals. A wealth manager or financial advisor can help you navigate how to approach this.
CGT doesn't usually apply at the time you inherit the dwelling, however it will apply when you later sell or dispose of the dwelling, unless an exemption applies. if you dispose of the inherited property within 2 years (or the within an extension period) of the deceased person's death.
6 options for passing down your home
In California, real property is one of the most valuable assets you can inherit from a loved one. But inheriting real estate that has increased in value over time can trigger capital gains tax consequences when you sell that piece of property.
No, you can take as long or as little as you like to sell inherited property. The only thing that can affect this (in a way) is probate, as you need to be granted probate before you can sell an inherited property so this can sometimes delay your sale if you're looking to sell quickly.