Inheriting a house usually arrives at the worst possible time: you're grieving, you may live far away, and the paperwork uses words you've never needed before. This guide walks through how selling an inherited home works in California, specifically in Los Angeles County and Orange County, so you know what to expect and what to ask your attorney.
Step 1: Find out how the house was held
How the deceased owned the home decides almost everything that follows:
- In a living trust. The successor trustee named in the trust takes over and can usually sell the home without court involvement. This is the most common situation we see.
- In their name alone, with a will. The home usually goes through probate. The will names an executor, who the court must formally appoint.
- In their name alone, without a will. The home usually goes through probate under California's intestate rules, and the court appoints an administrator.
- Joint tenancy or a transfer-on-death deed. The home may pass directly to the surviving owner or named beneficiary, outside probate.
- A smaller estate. California has simplified procedures for smaller estates, and a 2025 law expanded them for a deceased person's primary home. Ask your attorney whether yours qualifies.
Step 2: If there's a trust
A trust sale is usually the simpler path. In broad strokes:
- The successor trustee gathers the trust documents and certified death certificates.
- The trustee sends the notice California requires to beneficiaries and heirs, generally within 60 days of the death. Recipients then have a limited window to contest the trust.
- The trustee secures the home, keeps it insured, and decides on a plan: sell as-is, renovate and sell, or take a cash offer.
- The trustee signs the listing and sale documents. No court hearing is needed in most cases.
Most trustees work with a trust attorney for the notices, taxes and final distribution, while we handle the property itself. That's how all three of our recent case studies worked.
Step 3: If the house goes through probate
Probate runs through the Superior Court in the county where the person lived (for example, Los Angeles County Superior Court or Orange County Superior Court). The main steps:
- Petition and hearing. An attorney files a petition, and the court holds a hearing, usually several weeks later.
- Letters. The court appoints the executor or administrator and issues "letters," the document that gives them authority to act for the estate.
- Inventory and appraisal. A court-appointed probate referee appraises the home.
- Creditor period. Creditors generally have four months from when letters are issued to file claims.
- Selling the home. How the sale works depends on the authority the court granted (see below).
- Accounting and distribution. The court approves the final accounting, and the proceeds are distributed to heirs.
Full authority vs. court confirmation
Most executors ask for authority under California's Independent Administration of Estates Act (IAEA). It matters a lot for the sale:
| Full IAEA authority | Limited authority or court confirmation | |
|---|---|---|
| How the sale is approved | Notice of Proposed Action to heirs, who have at least 15 days to object | A court hearing to confirm the sale |
| Can other buyers overbid? | No | Yes, at the confirmation hearing |
| Feels like | A normal sale, with one extra notice step | A longer, more formal process |
Step 4: Decide what to do with the house
Whoever has authority (trustee or executor) chooses how to sell. You have three realistic paths:
- List As-Is: 1–2 weeks of cleanup, $0 upfront, lower net, because buyers price in the repairs.
- Renovate & List: 4–8 weeks of prep, $0 upfront, and on average $57K+ above as-is value.
- Quick Cash Close: an offer in days and closing in 10 days or less. The fastest exit, with the lowest net.
We compare them in detail, with timelines and who pays what, in As-Is vs. Renovate vs. Cash Close.
Can you renovate during probate?
In many cases, yes, with the right authority. A trustee's powers come from the trust document; an executor's come from the court. Confirm authority with your estate attorney before work starts. When the estate has no cash for repairs, Renovate My Probate fronts the cleanout and renovation costs and is reimbursed at closing.
Taxes to ask about
- Capital gains. Inherited property generally gets a "stepped-up" tax basis to its value at the date of death, which can sharply reduce capital gains tax on a prompt sale.
- Property tax. Since Proposition 19 (2021), a child who inherits a parent's home generally keeps the parent's lower property tax assessment only if they move in as their primary residence, and only up to a value limit. Homes that are sold or rented are typically reassessed.
Tax rules have exceptions and change over time, so confirm both with a CPA or your estate attorney.
Common questions
Does an inherited house in California have to go through probate?
Not always. A house held in a living trust is usually sold by the successor trustee without court involvement. A house held in the deceased person's name alone, without a trust, usually goes through probate in the Superior Court of the county where they lived. Joint tenancy, transfer-on-death deeds and California's simplified procedures for smaller estates can also let a home pass outside full probate. An estate attorney can confirm which applies to you.
Can an executor sell a house during probate in California?
Yes. Once the court issues letters, the executor or administrator can sell the home. With full authority under the Independent Administration of Estates Act, the sale can usually proceed by giving heirs a Notice of Proposed Action instead of returning to court. With limited authority, or without that act, the sale generally needs court confirmation, where other buyers may overbid.
How long does it take to sell a house in probate in California?
A trust sale can often close on a normal real estate timeline once the trustee is ready to sell. Probate takes longer: it commonly runs a year or more from filing to final distribution, and a home sold through court confirmation adds a court hearing to the process.
Who pays for repairs on an inherited house before it sells?
Renovate My Probate fronts cleanout and renovation costs and is reimbursed at closing, so heirs and trustees pay $0 upfront. Before work starts during probate, confirm with your estate attorney that the executor or trustee has the authority to approve it.
This guide is general information about California, not legal or tax advice. Every estate is different; confirm your situation with a California estate attorney and a tax professional.
