5 Things to Figure Out First
Before making a decision about an inherited property, these five questions can help you understand what comes next.
Probate
Does the property need formal probate?
Authority
Who can make decisions for the estate?
Value
What is the home worth today?
Taxes
Could the basis change after inheritance?
Selling Options
Keep, rent, list, sell as-is, or compare cash.
Does the Property Need to Go Through Probate?
Not every inherited property requires a formal probate case. The answer can depend on how the property was owned, whether it was held in a trust or joint ownership, transfer-on-death arrangements, community-property rules, the value of the property, and other circumstances.
If formal probate is required, the court process generally involves opening the case, appointing a personal representative, administering the estate, addressing debts and required filings, and eventually distributing the remaining assets.
The California Probate Property Roadmap
If the property is going through formal probate, the process generally involves opening the case, appointing a personal representative, administering the estate, and eventually closing the estate. This is an educational overview, not a legal timetable.
From Petition Filing to Closing Probate
Exact steps, powers, court timing, and requirements can vary by estate.
Petition
Case is opened
Hearing
Court reviews case
Appointment
Representative appointed
Authority
Letters and powers
Management
Estate and property
Sale
Property is sold
Closing
Estate is distributed
1. Petition Is Filed
The probate case starts when the required paperwork is filed with the court.
In simple terms: The family asks the court to open the estate case.
2. First Court Hearing
The court reviews the paperwork and considers who should be appointed to handle the estate.
In simple terms: The judge reviews the case and the person who will manage it.
3. Court Appoints the Estate Representative
The court issues the documents that establish who is authorized to act for the estate. The authority to sell real property can depend on the powers granted.
In simple terms: This is when the person handling the estate gets official authority.
4. Authority & Property Management
The person handling the estate may need to protect the home, maintain insurance, deal with the mortgage and other expenses, and organize estate assets.
In simple terms: The home and other estate assets must be managed while the case moves forward.
5. The Home Is Sold
If selling is appropriate and authorized, the property can be marketed and sold. The sale proceeds generally remain part of the estate until they are properly distributed.
In simple terms: The house is sold, and the money becomes part of the estate.
6. Sale Proceeds & Estate Administration
The estate continues through required accounting, creditor, tax, and distribution steps.
In simple terms: The sale money is handled along with the estate's other responsibilities.
7. Probate Is Closed
The remaining requirements are completed and the estate's assets are distributed according to the applicable process. Timing varies and can take many months or longer.
In simple terms: The court process is finished and the remaining assets can be distributed.
You Don't Have to Navigate the Process Alone
Probate, title, tax and real estate questions can overlap. I can help coordinate the real estate side and connect you with professional resources when a question falls outside real estate.
Tell Me What You Need Help With
I'm a real estate professional, not an attorney, CPA or title company. Legal, tax and title questions should be reviewed with qualified professionals.
What Are Your Options With an Inherited Property?
There is no universal best answer. The right choice depends on the property's condition, the estate's goals, timing, family circumstances, market value, and professional advice about the estate.
Keep
Live in the property or hold it as an investment.
Rent
Generate income if the property and family situation make sense.
Traditional Sale
Prepare and market the property to seek the strongest market exposure.
Sell As-Is
Reduce repairs or preparation while still using a conventional sale strategy.
Compare Cash
Evaluate a cash offer alongside the home's likely market value and selling costs. Explore the cash-offer option.
Considering a Cash Offer?
If the property needs repairs, has unwanted belongings, you're dealing with an estate from out of state, or you simply want to compare a cash offer with a traditional sale, I have a separate page that explains how the cash-offer process works.
Learn About a Cash OfferWhat Is the Property Worth?
Value can be one of the most important pieces of an inherited-property decision. The property's current market value may be different from an investor's cash offer, an online estimate, or what the home might be worth after repairs.
What Was the Property Worth Around the Date of Death?
For tax purposes, the property's value around the owner's date of death can be important because inherited-property basis is generally tied to fair market value at death or an applicable alternate valuation date, subject to the rules and exceptions that apply.
Step-Up in Basis: How It Can Reduce the Amount Exposed to Capital Gains Tax
One simple way to think about basis is as the number used to measure the gain when a property is sold. In general, capital-gains tax is concerned with the taxable gain—not the full sale price.
Why does step-up basis matter?
If an inherited property receives a higher tax basis based on its value around the owner's date of death, there may be less gain between that basis and the eventual sale price.
Without a hypothetical step-up
$560,000 would be the illustrative gain before considering other adjustments.
With a hypothetical $700K basis
$10,000 would be the illustrative gain before considering other adjustments.
Illustration only — not a tax calculation. Actual taxable gain and tax liability can be affected by selling expenses, improvements, basis adjustments, ownership circumstances, federal and California rules, income, filing status, and other factors. Consult a qualified tax professional.
California does not have a separate lower capital-gains tax rate; California generally taxes capital gains as ordinary income. Federal rules are separate and can depend on the circumstances. The examples above are intended to show how basis can change the amount of gain potentially subject to tax, not to estimate the tax bill.
Common Problems Families Run Into
Repairs
The home may need work before a traditional sale.
Belongings
Cleaning out a lifetime of possessions can take time.
Siblings
Multiple heirs may have different goals.
Mortgage & Costs
Insurance, utilities, taxes and carrying costs continue.
Out-of-State Heirs
Distance can make property management and decisions harder.
Experience You Can Lean On When a Family Property Needs to Be Sold
When a family inherits a property, the real-estate side can feel overwhelming—especially when there are probate requirements, multiple family members, repairs, cleanout issues, or heirs who live outside California.
My role is to help you understand the real-estate side of the process: what the property may be worth, what selling options make sense, what preparation may be needed, and how a traditional sale compares with an as-is or cash offer. When a question involves law, taxes, title or estate administration, I help connect the real-estate process with the appropriate qualified professional.
What Clients Say
“Rodrigo was great! My sister’s house went into probate and since I live out of state I worried about how I would sell the house. After researching I found Rodrigo and liked his qualifications for handling probate sales and I made the right choice. He not only sold the house, he helped me remove unwanted furniture and clean up. I definitely recommend Rodrigo Franco.”Client review · Probate sale
“They were very informative and got things done in a timely manner! Provided great service, addressed all of our concerns and did not make us feel pressured.”Client review · Zillow · February 24, 2025
*Zillow currently reports these sales and review statistics at the team level. View the Zillow profile and reviews.
Frequently Asked Questions
Can I sell an inherited house before probate is finished?
It depends on how the property is owned, whether probate is required, and the authority available to the person acting for the estate. A probate attorney can advise you about the specific estate.
Does every inherited house go through probate?
No. Some property transfers outside formal probate depending on ownership, trusts, beneficiary designations, community-property rules, joint ownership and other circumstances.
Should I get the home valued after someone dies?
It can be important to understand both the property's current market value and, where relevant, its value around the date of death. A tax professional or qualified appraiser can advise on the documentation needed for tax purposes.
Is a cash offer always the best option?
No. Compare the net proceeds, timing, certainty, condition, repairs, marketing effort and the estate's priorities.
Need Help Figuring Out What Comes Next?
If you've inherited a property and aren't sure whether you should sell, keep it, repair it, rent it, or compare a cash offer, tell me what you're dealing with. I can help you understand the real-estate side and point you toward the right professional resources for legal or tax questions.
Helpful official resources: California Courts provides information about probate, personal representatives and real-property procedures. The IRS provides guidance on basis and inherited property. These resources are educational and are not a substitute for legal or tax advice. California Courts · IRS