Inherited a House in California? Here's What to Do First.
What happens next depends on how the property was held: a trust, a will, no will, or a small estate. This guide walks you through each path in plain English, from the first week to the sale (or keeping the home).
Which path are you on?
There's a trust
The house was titled in a living trust. A successor trustee takes over, usually without probate.
Read the guide →There's a will
The will names an executor, and the house goes through probate court.
Read the guide →There's no will
State law decides who inherits, and the court appoints an administrator.
Read the guide →The estate is small
A simpler process may apply, including for a primary residence worth up to $750,000.
Read the guide →Not sure? Start with the first 30 days.
What to do in the first 30 days
- Secure the house: locks, utilities, insurance and mail.
- Don't sell, give away or sign anything yet.
- Find the will, trust, deed, mortgage and tax bills.
- Order several certified copies of the death certificate.
- Check the deed to see how title was held.
- File the Change in Ownership Statement (BOE-502-D) within 150 days.
The big questions families ask
Who wrote this guide
I'm Will Flannigan, a real estate agent since 2014 and a Certified Trust & Probate Specialist with The Nell Team at Equity Union Real Estate (DRE #01951292). I speak English and Mandarin. I help families sell or keep inherited homes in Southern California. If the home is elsewhere in California, I can refer you to a trust and probate real estate agent in that area.
I'm a real estate agent, not an attorney or tax professional.
More about Will →A selection of Will's Google reviews
See all reviews on Googlewe started working with will in jan 2020. our plan was to buy a new home in burbank using a bridge loan that will hooked us up with and then sell our home in echo park. will found us a great home in burbank & we went in to escrow in march. march 2020. remember 15 days to slow the spread? yeah, that march. i was laid off. the bank dropped our loan as i now had no way to pay it. the deal fell through but will did not give up on us. it took almost a year for us to get back on our feet but will didn't stop working with us. in june 2021 we closed on the sale of our home. will deftly handled all the red tape. the process was really smooth & easy. will has a good nature about him & is very pleasant to work with. i can't recommend him enough.
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Will Flannigan is awesome! Will Flannigan was so thorough, supportive, knowledgeable, and pleasant while helping us find our home. We're so grateful to be in it! As our real estate agent, Will made the process as easy as possible and we felt supported every step of the way. We knew we were in great hands. Thank you, Will!
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Will Flanagan and I just recently did a Real Estate deal together. He was professional, friendly, and supportive with me and the things that I needed from this business venture. Quick to respond to both emails and texts. Happy to show me as many houses as I needed to see. Went out of his way to find other houses that met my criteria. I enjoyed working with Will very much and I will do so again.
I highly recommend Will for his professionalism and expertise as a real estate agent.
Talk with Will
A calm, no-pressure conversation about the house and your options. Will helps families in Southern California and can refer you to a trust and probate real estate agent elsewhere in the state. English and Mandarin.
This guide is general information, not legal or tax advice. Talk with a California probate or trust attorney and a tax professional about your situation.