What to Do When You Inherit a House in California, Part 2: More Issues & Probate

What Common Issues May I Face in an Inherited House? Do I need to go through probate with a house I inherit? Can I get help with clean-out, property distribution, and evictions?

By Maya Bovshow, CEO, Trust Properties USA

Last week I talked about the very first things to do when you inherit a house in California. This week I continue with some of the common issues people face when they get control of a property—including the big one, probate.

Inheriting a home can be a blessing, but let’s be honest: it can also feel like navigating a minefield. Whether it’s complex family dynamics, confusing paperwork, or surprise costs, unexpected obstacles are almost guaranteed.

If you are the trustee or executor, the responsibility for the property and its disposition is yours—indeed, failure to act in a prompt and responsible manner can open you up to legal liability to other heirs. Remember that the estate itself should pay for these costs, not you personally. Need help? At Trust Properties USA, we’ve seen every challenge imaginable and have developed comprehensive solutions when you work with us on a sale.

How Do I Deal with Hoarding, Clean-Out, and Personal Property Distribution on an Inherited House?

There are many reasons you may need to clean out and inventory the goods inside a property quickly: estate settlement among family members, downsizing, relocating an elderly relative, or preparing for a significant renovation. Should you hold an “estate sale” at the property? If you decide you want professional help with these issues as you prepare to sell, our comprehensive personal property management services include initial assessment, inventory, valuable item identification, document services, and complete property clearing—all managed professionally and respectfully.

Foreclosure Prevention on an Inherited House

Many may find it difficult to continue making timely mortgage payments on estate and probate properties. And falling behind can trigger a cascade of stress and anxiety. If you need professional help with these issues as you prepare to sell, Trust Properties USA can often help prevent foreclosure on an inherited house. This may include emergency mortgage settlement coverage, lender negotiation, reverse mortgage issues, and strategic sale planning to help families avoid foreclosure while maximizing equity.

Eviction Challenges on an Inherited House

An eviction can be one of the most difficult challenges for property owners, especially with the tenant-friendly laws in much of California. Problem tenants, squatters, legal complexities, and potential property damage can result in significant financial loss and prolonged stress. Be sure you are taking action on evictions in an appropriate and legal manner—but don’t let the problem linger. Learn more about our services on evictions here.

How to Deal with Family Disagreements About Inherited Property

This is the #1 source of stress when multiple people inherit a home together. One person wants to sell. Another wants to move in. Someone else is dragging their feet. Maybe a family member is now living in the house—perhaps for many years—and feels like they now “own” the house.

The trustee or executor must follow the terms of the trust or will, but does have authority on how those terms are played out. That said, you should seek a solution that settles the issue amicably. Seek the advice of an attorney or mediator before taking actions that might alienate other heirs, and follow the number one rule: keep everyone informed of your actions…no surprises.

Getting Control of an Inherited Property: Probate or No Probate? Understanding the Legal Path for a Trust or Inherited Property

For many people, the word probate feels like a warning sign—a flashing light on the dashboard that says, “Complicated Road Ahead.” And while it’s true that probate in California can be a time-consuming and bureaucratic process, it’s not always required. Whether or not your inherited home has to go through probate depends on a few key details.

Let’s walk through what probate is, how it works, when it applies—and when you might be able to skip it altogether. You’ll want to talk to a qualified probate lawyer about this!

What Is Probate for a House? How Long Is Probate in California?

Probate is a court-supervised legal process for distributing a deceased person’s assets. When someone dies owning property in their name alone, the probate court steps in to validate the will (if one exists), settle any debts, and oversee the transfer of assets—such as a house—to the rightful heirs.

In short: if the house wasn’t already held by a trust, held jointly by a surviving spouse or heir, or designated with a special transfer method, the court may need to approve everything. Again, speak with a reputable lawyer on this topic.

Key facts about California probate:

1. It is vital to work with a real estate agent like us who is a California State-Certified Realtor for Probate and Trust Sales.
2. Here are questions to ask a real estate agent about their probate experience.
3. It typically takes 9 to 18 months, but can stretch longer if the estate is contested or complex.
4. It can be costly—executor and attorney fees are often based on a statutory percentage of the estate’s value.
5. It involves paperwork, public notices, and court hearings.
6. It may delay your ability to sell, rent, or renovate the property.

Pro Tip: Although it is technically possible to go through probate in California without the help of an attorney, I strongly advise working with a qualified, specialist probate attorney licensed in California. If you contact us at Trust Properties USA, we will recommend one.

The good news? Probate isn’t always necessary.

But Does This Property Have to Go Through Probate in California?

Whether a home goes through probate depends mostly on how it was titled at the time of death. Here are the most common scenarios, but you should check with a qualified estate attorney regarding your particular circumstances:

Probate for a House in California Is Generally Required If:

• The deceased owned the property in their name alone (no trust, no co-owner), regardless of statements in a simple “Last Will and Testament” in California.
• The estate’s total value exceeds the small estate threshold and doesn’t qualify for exceptions. The threshold is very low, only $208,850 as of this writing, so this rarely applies.

Probate for a House in California Is Generally NOT Required If:

• The house was owned by a revocable living trust. The successor trustee can generally transfer ownership without court involvement.
• The property was owned in joint tenancy or as community property with right of survivorship—ownership automatically passes to the surviving co-owner, often the spouse.
• The property had a Transfer-on-Death (TOD) deed, also known as a beneficiary deed, naming you as the new owner. These are valid in California and permit probate-free transfers.

What Are the Steps in Probate for a House in California?

If the home must go through probate, here’s a (very) simplified version of what that looks like:

1. File the petition. The named executor (or a family member if there’s no will) files a petition with the probate court in the county where the deceased lived.
2. Notify interested parties. Heirs, creditors, and the public must be notified via legal notice and, in some cases, through newspaper publication.
3. Inventory the estate. A full accounting of assets and debts is submitted to the court.
4. Resolve debts and taxes. The executor uses estate funds to pay final bills and taxes before distributing any assets.
5. Request permission to transfer or sell assets. This includes getting court approval to sell a home—even if all heirs agree.
6. Distribute remaining assets. After court approval, the house can be transferred or sold, and the proceeds are divided among the heirs. Note that this is the last step.

This process may sound intimidating—and it can be, especially if you’re trying to manage it from out of state or while dealing with grief. This is where working with probate experts can save time, money, and stress.

Small Estate and Spousal Property Options for Inherited Homes in California

California offers simplified processes for certain situations:

• Small Estate Affidavit: If the total estate value is under $208,850, you may be able to skip formal probate and use a streamlined affidavit process after a 40-day waiting period. Property in California rarely meets these criteria.
• Spousal Property Petition: Surviving spouses or registered domestic partners can sometimes use this faster, cheaper alternative to full probate. Consult an attorney.

Taking Ownership or Selling a House in a California Living Trust

If the home was held in a living trust, and the beneficiaries are properly named, you’re in the best possible scenario. The home can pass directly to you (or to the other beneficiaries), with no probate, no court fees, and minimal delays. This is the responsibility of the successor trustee, following the dictates of the trust, but the process is fairly straightforward.

Whether you’re holding a will, staring at an old deed, or still looking for answers, we can help you determine whether probate is necessary and what your next step should be. Contact us today.

In the next post we look at the big decision—sell or not sell?  And if you sell, should you fix up the property first, or sell as-is? Click here for part 3.

Best, Maya
Maya Bovshow, CEO, Trust Properties USA

Maximizing the equity your family took a lifetime to build.

If you are dealing with a property in probate or trust, call us today at 📞 1-800-579-4380