Do All Inherited Homes Go Through Probate?

What California Families Need to Know About Selling an Inherited House

When a loved one passes away and leaves behind a home, one of the first questions families ask is:

“Does the house have to go through probate before we can sell it?”

The answer is not always.

In California, many inherited homes do go through probate, but several common situations allow a property to transfer without probate. Understanding which situation applies can save families months of time, legal complexity, and stress.

Below is a simple breakdown of when probate is required and when it isn’t.

What Is Probate in California?

Probate is the legal process where a court supervises the administration of a deceased person’s estate.

The process typically includes:

  • Validating a will (if one exists)
  • Identifying heirs and beneficiaries
  • Paying debts and taxes
  • Distributing assets such as real estate

If a home is part of the estate, the probate court may oversee the sale or transfer of the property.

In California, probate real estate sales often follow a structured process that can involve court approval, overbidding procedures, and additional timelines.

Situations Where an Inherited Home DOES Go Through Probate

A home usually requires probate if it was owned solely by the deceased person and no estate planning tools were in place.

Common examples include:

The property was owned in the deceased person’s name only

If the homeowner held title individually and no trust or transfer mechanism exists, the court typically must appoint an executor or administrator.

The estate value exceeds California probate thresholds

California allows small estate transfers for estates under a certain value, but many homes exceed this limit.

There is no living trust

Without a trust or other ownership structure, the probate court becomes responsible for transferring ownership.

Situations Where an Inherited Home DOES NOT Go Through Probate

Many homes avoid probate entirely due to how they were titled or structured.

Living Trust

If the home was placed in a revocable living trust, the property typically transfers directly to the beneficiaries.

Advantages include:

  • No court involvement
  • Faster property transfer
  • More privacy for the family

Trust sales are very common in California real estate.

Joint Tenancy with Right of Survivorship

If the home was owned jointly, ownership usually transfers automatically to the surviving owner.

Example:

A married couple owns a home as joint tenants. When one spouse passes away, the other automatically becomes the sole owner.

Community Property with Right of Survivorship

Many married couples in California hold title this way.

The surviving spouse can usually record an affidavit of death and take full ownership without probate.

Transfer on Death Deed (TOD Deed)

California allows homeowners to record a Transfer on Death Deed, which names who receives the property when they pass away.

This allows the home to transfer outside probate, although the beneficiary must still complete certain paperwork.

Can You Sell an Inherited Home During Probate?

Yes.

In fact, selling the home is often part of the probate process.

The sale may occur through:

  • Independent Administration of Estates Act (IAEA) authority, which allows more flexibility
  • Court-confirmed sales, which require a hearing and possible overbidding

Each situation depends on how the estate is structured and what authority the executor has.

Working with a Realtor experienced in probate real estate is extremely important because the process is different from a traditional home sale.

How Long Does Probate Take in California?

Most probate cases take 9 to 18 months, although complex estates can take longer.

Factors that affect the timeline include:

  • Court schedules
  • Whether the property must be sold
  • Disputes between heirs
  • Debt resolution

This is one reason many families choose to sell the home during probate rather than waiting for final distribution.

Options for Families Inheriting a Home

When families inherit property, they usually consider several options:

Keep the home

Some heirs choose to move in or keep the home as a rental.

Sell the home

Many families sell the property to divide proceeds among heirs.

Buy out other heirs

One heir may purchase the property from the others.

Each option involves legal, tax, and financial considerations, which is why professional guidance is important.

Why Selling an Inherited Home Can Be More Complex

Inherited property sales often involve challenges such as:

  • Multiple heirs making decisions together
  • Deferred maintenance or repairs
  • Clearing personal belongings
  • Legal timelines related to probate
  • Coordination with attorneys or trustees

Because of these complexities, many families choose to work with real estate professionals experienced in probate and trust sales.

Sacramento & Placer County Probate Real Estate Specialists

At Knowledge Real Estate Group, our family team has helped clients sell over 2,500 homes throughout the Greater Sacramento region, including many probate, trust, and inherited property sales.

We frequently work alongside:

  • Probate attorneys
  • Trustees and executors
  • Families managing inherited homes
  • Out-of-area heirs handling local property

Our goal is to simplify the process and maximize the value of the property, while guiding families through every step.

Need Help With an Inherited Property?

If you recently inherited a home in Sacramento, Roseville, Rocklin, Granite Bay, or surrounding areas, we’re happy to help you understand your options.

Even if you’re not ready to sell yet, a quick conversation can help clarify the next steps.

Contact us anytime for guidance.

Paul & Blake Boudier
Knowledge Real Estate Group – KW
Serving Greater Sacramento & Placer County

Direct: 916-305-1469 | 916-919-5775
www.knowledgere.com

DRE#01179722 | Broker#01272617

About the Author

Knowledge Real Estate Group, led by Paul and Blake Boudier, is a Roseville-based real estate team specializing in probate real estate, trust sales, inherited homes, senior transitions, short sales, and distressed property sales. Our team holds the industry’s foremost designations including Senior Real Estate Specialist (SRES), Probate Cerrtified, Certified Distressed Property Expert (CDPE), and Certified Luxury Home Marketing Specialist (CLHMS), reflecting our focus on serving clients in complex real estate situations.

Our family-led team has helped clients sell over 2,500 homes across the local region and frequently works with attorneys, trustees, executors, and families managing inherited property throughout Placer, Sacramento, and El Dorado Counties.

Our goal is to help families, trustees and executors navigate complex real estate situations with clarity, professionalism, and a structured plan so they can make informed decisions during what is often a difficult and emotional time.

Have Questions About Selling a Probate Property?

Every estate and situation is different. If you are responsible for handling a probate or inherited property in Placer, El Dorado or Sacramento County, we would be happy to review the property, discuss the process, and help you understand your options.

Contact Paul or Blake with Knowledge Real Estate Group for a no-obligation consultation.

Paul Boudier - 916.919.5775 OR Blake Boudier - 916.305.1469

We’re here to help and just a phone call away!

KNOWLEDGE REAL ESTATE GROUP ~

Serving Placer, El Dorado and Sacramento County

Knowledge Real Estate Group works with homeowners, families, executors, and trustees throughout Placer County, El Dorado and Sacramento County, helping navigate complex real estate situations including probate sales, inherited homes, senior transitions, short sales and distressed property sales.

Our team regularly assists clients in communities including:

Placer County

  • Roseville
  • Rocklin
  • Lincoln
  • Auburn
  • Granite Bay
  • Loomis

Sacramento County

  • Antelope
  • Citrus Heights
  • Sacramento
  • Folsom
  • Fair Oaks

  • Carmichael

    And More……..