Common questions
Do I have to sell an inherited house right away?
The estate or trust documents and the people handling them set the timing, with their attorney. What does run on a clock are the county filings: the BOE-502-D within 150 days of the date of death (in a probate, the personal representative files it with the inventory), and, if a child may keep the home, the homeowners’ exemption within one year.
Is the property tax reset when the owner dies?
The San Diego County Assessor treats a death as a change in ownership, so the home can be reassessed as of the date of death, including a home held in a trust, unless an exclusion such as Prop 19’s parent-child exclusion applies.
What is the 150-day form?
The Change in Ownership Statement, Death of Real Property Owner (BOE-502-D). The Assessor’s office asks for it within 150 days of the date of death, even when the home was in a trust; in a probate, the personal representative files it with the inventory. The office lists the deed, a Preliminary Change of Ownership Report and any trust or probate papers as documents you may need.
Can one heir keep the home and buy out the others?
Often, yes, by agreement among the heirs and whoever is handling the estate or trust; the attorney usually writes it up. A comparable-sales value helps set a fair number, and if the heir who keeps it makes it their main home, ask the Assessor about the parent-child exclusion.
Who can sign a listing agreement for an inherited home?
The person with authority: a successor trustee for a trust home, or the executor or administrator once the court has issued letters. In San Diego, a representative with limited or no authority under the Independent Administration of Estates Act needs the court’s approval before an exclusive listing (Local Rule 4.13.4).
Does Rudy give legal or tax advice?
No. Rudy is a real estate agent. He works alongside your attorney and CPA, and he can explain what each official page says, but they apply the rules to your situation.