A parent has left you a house. The siblings live in different places: one in San Jose, one in Houston, maybe one overseas. The house is old, everything is still inside, and nobody has had time to fix it up. Property tax, insurance, and utilities still come due every month. This page helps you know where to start.
Step one: how is the house titled?
How the house is titled decides who can sign and whether you need to go to court.
| How it is titled | Probate needed? | Who signs |
|---|---|---|
| In a living trust | Usually no | The successor trustee, after the prior trustee's death certificate is recorded with the county |
| Spouses own jointly and one has died | Usually no, if joint tenancy or community property with right of survivorship | The surviving spouse, after recording the proper affidavit |
| Only in a parent's name, no trust | Usually yes | The court-appointed personal representative (holding "Letters") |
Some small estates qualify for a simplified process. Ask a probate attorney about your case.
If probate is required
California probate typically takes about 9 months to over a year. You do not have to wait for probate to finish before selling. Once a personal representative has been appointed, the house can be sold during probate:
- Full authority under the IAEA: send a Notice of Proposed Action to the heirs (usually 15 days). If nobody objects, you can sell with no court confirmation.
- Limited authority: the sale price must be confirmed by the court at a hearing, where others may overbid. This adds weeks to months.
We are used to both paths and can wait on the court's schedule. Read more: Probate in California, explained.
4 things many families do not know
1. Property taxes can jump if no one moves in
Under Proposition 19 (effective 2021), a child who inherits a parent's home keeps the low property tax base only if a child moves in as their primary residence within 1 year, and the benefit is capped by value. Otherwise the county reassesses at market value. For a house bought in the 1980s or 90s, the annual tax can multiply.
2. Capital gains tax is often lower than expected
An inherited house usually gets a stepped-up basis to its value on the date of death. If you sell soon after, the taxable gain is often small. Ask a CPA about your case.
3. A vacant house can lose its insurance coverage
Many homeowners policies limit coverage when a house sits vacant beyond a set period. Tell the insurer when no one lives there. Vacant houses are also targets for theft and squatters.
4. Did your parent have a reverse mortgage?
If so, the lender will write to the family after the borrower passes. With the common HECM loan, heirs usually have about 30 days to say what they plan to do and about 6 months to sell or repay, with extensions available. Heirs generally never owe more than the home is worth. Contact the lender early to protect that right.
Siblings who do not agree yet?
A common story: one wants to keep the house, another wants to sell; one lives in it, another wants the cash. A written offer with clear numbers that everyone can read usually helps. The sibling who wants to keep it can buy out the others. We hold one video call so all the siblings hear the same thing at once, with no one relaying it second-hand.
Your parent's belongings
Take what the family wants to keep: papers, photos, keepsakes. Religious or family altars and heirlooms are moved on your schedule. Leave the rest and we clear it. Items in good condition can be donated to a charity or place of worship if the family wishes.
How we help
- Video calls so far-away siblings can see the house and hear the offer
- A written offer sent to all heirs
- We work with your probate attorney or trustee
- We buy as-is, including belongings left in the house
- We wait on the court's schedule if confirmation is needed
- Signers out of state or abroad: mobile notary or consulate signing arranged
Questions
Can I sign a sales contract before I have the court's Letters?
No. A court-appointed personal representative must sign. While you wait, we can view the house and prepare an offer so the family has a number.
One heir lives overseas. How do they sign?
It depends on the titling. If they must sign, they can do so at a U.S. embassy or consulate (notary service, appointment required) or give a power of attorney to someone in the U.S. The escrow company will tell you which documents are accepted.
What about my parent's mortgage?
The loan is paid from the sale proceeds at closing. While waiting, the family should try to keep making monthly payments to avoid late fees.
Do I need to clean out the house first?
No. Take what the family wants and leave the rest. We clear it.