Inheriting a home in California? Here’s what you should know | Opinion

When a California parent dies and leaves the family home to a child, the emotional decisions come first. The tax decision arrives soon after, in an envelope from the county assessor, and it catches many families off guard.

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The reason is Proposition 19. Voters approved it in November 2020, mostly on the strength of its best known feature, which lets homeowners 55 and older carry their low property tax base to a new home anywhere in the state. Far fewer voters noticed what the same measure did to inherited property, and those rules took effect on February 16, 2021.

Under the old rules, which were in place since 1986, a child could inherit a parent’s home and keep the parent’s low property tax assessment with no strings attached. The home could be lived in, rented out or kept as a weekend place, and the tax bill barely moved from one generation to the next.

Prop. 19 ended that, and here is the point families most often get wrong: The new rules apply to every home, no matter when it was bought. What matters is the date of the transfer, not the date of the purchase.

For an inheritance, the transfer date is generally the date of death. Any parent-to-child transfer on or after February 16, 2021 falls under Prop. 19, while transfers completed on or before February 15, 2021 remain under the old rules. A house bought in 1965 and a house bought in 2019 receive identical treatment if the owner passes away today.

The purchase date matters only indirectly: The longer ago a family bought, the lower the assessed value sits now, and the bigger the potential jump when reassessment hits.

Two conditions now decide what an heir pays. First, the heir must move into the home and make it a primary residence within one year of the transfer, as well as file the parent-child exclusion claim with the county assessor. Skip either step and the home is reassessed to full market value.

Second, even an heir who moves in faces a cap. If the home’s market value exceeds the old assessed value by more than $1,044,586 — the figure set by the state Board of Equalization for transfers from February 16, 2025 through February 15, 2027 — the excess is added to the taxable value. In most California neighborhoods, the cap absorbs the full gap. In coastal and high appreciation markets, it often does not.

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Inherited rentals, second homes and vacation properties receive no protection at all. They are reassessed to full market value on transfer, regardless of what the heir does next.

The stakes are easy to see with real numbers. Take a home bought decades ago, assessed at $150,000 and worth $700,000 today. Under the old rules, the heir inherited a tax bill of roughly $1,500 a year. Under Prop 19, an heir who does not move in within the year will pay taxes on the full $700,000 (roughly $7,000 a year).

That difference — compounding annually — is often what forces the sale of a home the family intended to keep.

For families in this position, three steps matter: Get a date of death appraisal promptly, since it fixes both the property tax and the capital gains picture; decide within the first year whether anyone will genuinely live in the home, because the deadline is unforgiving; and before committing to keeping, renting or selling, run the numbers with the county assessor’s office and a tax professional.

The right answer differs family by family, but the families who fare the worst are the ones who discover the rules only when the new bill arrives.

YK Kuliev is a licensed California real estate agent and founder of Fast Home Buyer California, which purchases, renovates and resells homes across the state.

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