The person who can sell an inherited California home depends on how the owner held title at death. If the house goes through probate, the court-appointed executor or administrator sells it. If a trust holds it, the successor trustee sells it. If a deed or survivorship passed it directly, the new owner sells it.
California property guideUpdated October 17, 2026General information, not legal or tax advice
Most people facing this question are standing in a house that still feels like a parent's or a spouse's, with siblings on the phone and a stack of papers nobody has sorted yet. Someone asks whether the house can be listed, someone else asks who has to sign, and no one is sure whose name actually counts. This page walks through each way California real estate passes at death and who, in each one, holds the legal power to sign a sale.
Why the Answer Depends on How the Decedent Held Title
Authority to sell is a legal status, not something the family hands to whoever is most organized. It comes from a document or a court order, and which one applies depends on how the decedent, the person who died, held title to the property on the day of death.
Four situations cover most inherited California homes:
Sole ownership with no trust and no transfer on death deed. The house generally goes through probate, and a court-appointed personal representative sells it.
A revocable living trust. If the deed put the house in the trust, the successor trustee acts.
A transfer on death deed. The named beneficiary takes the property at death.
Joint tenancy or community property with right of survivorship. The surviving co-owner takes the whole property.
Under Probate Code section 7000, title to a decedent's property generally passes at death to the person named to receive it in the will or, without a will, to the heirs under the laws of intestate succession, though that passing is subject to the estate's administration. That is why an heir can own an interest in a house and still lack the power to sell it.
The roles in this subject are not interchangeable. Executor, administrator, personal representative, trustee, successor trustee, heir and beneficiary each mean something specific, and each is defined below where it first matters.
When Probate Is Required: The Executor's and Administrator's Authority
Probate, the court process for transferring a decedent's property, usually applies when the house was in the decedent's name alone, or as a tenant in common, with no trust and no transfer on death deed. The California Courts guide to property after someone dies explains that the probate division of the superior court handles these cases and that a judge appoints a personal representative to represent the estate.
An executor is the person a will names to carry out its terms; under Probate Code section 8420, that person has the right to appointment as personal representative. An administrator is the person the court appoints when there is no will or the named executor cannot or will not serve. Subject to the other provisions of its article of the code, Probate Code section 8461 sets the order of priority for administrators, beginning with a surviving spouse or domestic partner, then children, then grandchildren, and the list continues through more distant relatives and others. Probate Code section 58 uses "personal representative" for both roles, along with others such as an administrator with the will annexed and a special administrator.
The key document is the letters. Under Probate Code section 8400, a person has no power to administer the estate until appointed, and the appointment becomes effective only when letters are issued, whether or not the person is named executor in the will. A named executor may, before then, pay funeral expenses and take necessary steps to maintain and preserve the estate. The Judicial Council's DE-150 Letters (Probate) form shows whether the personal representative was authorized under the Independent Administration of Estates Act with full authority or with limited authority. Limited authority does not include selling real property without court supervision.
That distinction decides whether a judge must confirm the sale. Under Probate Code section 10308, sales of estate real property are generally reported to and confirmed by the court before title passes, except as Probate Code section 10503 provides. Under Probate Code section 10503, the court-confirmation requirements, such as publication of notice of sale, court approval of agents' and brokers' commissions, sale at not less than 90 percent of appraised value and the court's examination of the sale, do not apply to a sale made with that authority. With full authority, a personal representative may generally sell after giving a notice of proposed action to interested persons; if someone objects to that notice, or the authority is limited, the sale goes to the court for confirmation. If the personal representative does not file the report and petition for confirmation within 30 days after the sale, Probate Code section 10308 lets the purchaser file them. The steps of a probate sale in California follow from which kind of authority was granted.
A co-heir or beneficiary who is not the personal representative cannot sell estate property on their own while the estate is open.
When a Trust Holds the Property: The Successor Trustee's Authority
A trustee is the person who manages trust property under the terms of the trust document. A successor trustee is the person the trust names to take over that management after the original trustee, often the person who created the trust, dies or can no longer serve. When a home was deeded into a revocable living trust before death, it is the successor trustee, not the beneficiaries, who can sell it.
That authority comes from the trust document, not from a court order. Probate Code section 16226 gives a trustee the power to acquire or dispose of property, for cash or on credit, at public or private sale, or by exchange, and the trust document itself may expand or limit that power. The people who receive the trust's assets are its beneficiaries, and they do not individually hold authority to sell.
Buyers and title companies want proof that the trustee may act. Under Probate Code section 18100.5, a trustee may present a certification of trust instead of a copy of the whole trust. It can confirm facts including the trust's existence and date, the currently acting trustees, the trustee's powers, whether all trustees must sign, how title should be taken and the legal description of the real property. It must be an acknowledged declaration signed by all currently acting trustees, it need not include who inherits what, and it may be recorded with the county recorder where the property is located.
One fact can change everything here: whether the deed ever moved the house into the trust. A trust that was signed but never funded with the house may leave that property to pass through probate after all.
Transfer on Death Deeds: When the Named Beneficiary Can Sell
California's revocable transfer on death deed is a recorded deed that passes real property to a named beneficiary when the owner dies. Under Probate Code section 5652, it transfers all of the transferor's interest at death, subject to the beneficiary's right to disclaim. No probate case and no court order is needed for that transfer, and once title is in the beneficiary's name, the beneficiary sells as the owner.
Several conditions shape what the beneficiary receives. The beneficiary's interest depends on surviving the transferor; a beneficiary who does not survive the transferor loses the interest. If there is more than one beneficiary, they generally take the property as tenants in common, in equal shares, and a share that lapses passes to the others in equal shares. The property passes subject to any lien, encumbrance, easement, lease or other limitation of record at death or recorded within 120 days after the required affidavit is recorded, and the deed carries no covenant or warranty of title.
Before a sale can close, the beneficiary records an affidavit of the transferor's death, with a certified copy of the death certificate, in the recorder's office of the county where the property sits. Because the deed is revocable, it controls only if it still stood at the owner's death.
When several beneficiaries share the property, each owns an undivided share, so all of them sign to sell the whole house, a situation the co-ownership section below covers.
Joint Tenancy and Community Property with Right of Survivorship
Here the question of authority usually has the shortest answer. Joint tenancy is a form of co-ownership in which each owner holds an equal share and, when one dies, the survivors take that owner's share. Community property with right of survivorship is a form of ownership available in California to married couples and registered domestic partners in which the surviving spouse or partner takes the whole property at death.
In either form, the deceased owner's interest generally ends at death and the survivor holds the property without probate. To clear title, the survivor typically records an affidavit of the death of the joint tenant, or of the spouse or domestic partner, together with a certified copy of the death certificate, in the county recorder's office where the property is located. With that recorded, the surviving owner can sell without court involvement.
Tenancy in common works differently. Tenants in common each own a share but have no right of survivorship, so a deceased tenant in common's share passes through that person's estate or trust and may require probate before it can be sold.
When Multiple Heirs Inherit Together: Co-Ownership and the Path to a Sale
Picture three siblings, one in Sacramento, one in Fresno and one in another state, who each inherit a third of their mother's house as tenants in common. This is a hypothetical, but it is a common shape. Each sibling owns an undivided share of the whole, and no one of them can sell the entire property without the others.
When everyone agrees, all the co-owners sign the deed and the sale goes forward. If an heir lives outside California, that state's law may bear on the heir's own affairs, but the sale of California real estate follows California's rules.
When co-owners cannot agree, California law gives a co-owner the right to bring a partition action in superior court, asking the court to divide the property or order it sold. Partition is a lawsuit, and a contested matter among heirs, or a concern that a trustee or executor is acting improperly, is a different subject handled by an attorney who litigates trust and probate cases.
Timing matters. If the house is still in an open probate estate and has not been distributed, it is the personal representative, not the individual heirs, who holds authority to sell.
California's Simplified Procedures for Smaller Estates
For estates under certain values, California offers shorter procedures. The California Courts guide to property after someone dies describes checking whether a simple procedure fits before turning to formal probate. The Judicial Council names four:
The affidavit for collection or transfer of personal property. It covers personal property, such as accounts and belongings, not real estate.
The petition to determine succession to the decedent's primary residence. Under Probate Code section 13151, a successor may file it once 40 days have passed since the death, without letters, when the real property was the decedent's primary residence in California and its gross value is within a limit that is adjusted periodically. The petitioner delivers notice to each named heir and devisee within five business days of filing.
The affidavit for real property of small value. Under Probate Code section 13200, a successor may file it no sooner than six months after the death, in the superior court of the county where the decedent was domiciled or, if the decedent was not domiciled in California, in any county where the decedent's real property is located, with a probate referee's inventory and appraisal, a certified death certificate and statements including that unsecured debts have been paid. Its dollar limit for deaths on or after April 1, 2022 is an adjusted figure.
The spousal or domestic partner property petition. It lets a surviving spouse or domestic partner ask the court to confirm property that belongs to them or passes to them, instead of going through full probate.
The dollar limits change over time, so the current figures come from the California Courts or the county's superior court. Each procedure ends with a person recognized as the successor, who then deals with the property as its owner.
What the Person with Authority Must Do Before a Sale Can Close
Whoever holds authority, the closing depends on paperwork that shows it. A title company insures a sale only when the record shows who may convey. Depending on the path, that may be letters, a certification of trust, a recorded affidavit of death or a court order, and recording usually happens with the county recorder where the property sits.
Disclosures. California's real estate transfer disclosure statute does not apply to every sale. Under Civil Code section 1102.2, its exceptions include sales under court order, such as sales ordered by a probate court, and sales by a fiduciary in administering a trust or decedent's estate. The fiduciary exemption does not apply to a natural person who is trustee of a revocable trust and is a former owner of the property or lived in it within the preceding year. Other duties may still apply; the estate's or trust's attorney reviews them. For a house in rough shape, the tradeoffs of selling an inherited house that needs repairs sit alongside these rules.
Property tax. A transfer at death can lead to reassessment. Under Rev. & Tax. Code section 63.2, for transfers on and after February 16, 2021, a parent-child or qualifying grandparent-grandchild transfer of a principal residence can be excluded, in whole or in part, if a claim is filed with the assessor, the home becomes the transferee's principal residence within one year of the transfer, and the transferee files for the homeowners' or disabled veterans' exemption within a year of the transfer. The exclusion is only partial when the home's market value at the transfer is at or above its prior taxable value plus the dollar amount the section sets; the part of the market value above that sum is added to the taxable value. The claim is generally due within three years after the transfer, or before a transfer to a third party, or before the eligible transferee stops living there, whichever is earlier, or within six months after the mailing of a supplemental or escape assessment notice. The Judicial Council's DE-147 Duties and Liabilities of Personal Representative says a personal representative files a change of ownership statement when filing the inventory and appraisal. The county assessor's office reviews any exclusion claim.
Basis. Under 26 U.S.C. § 1014(a), inherited property generally takes a basis equal to its fair market value at the date of death, or a value under an alternate valuation date or other election that statute allows. Basis is the starting figure for measuring gain or loss on a sale. A CPA, an enrolled agent or a tax attorney reviews basis for a particular sale.
Carrying costs. Property taxes, insurance, utilities and upkeep continue while the house waits to be sold, and DE-147 tells a personal representative to keep appropriate insurance in force through the administration. Comparing written offers and estimated net proceeds, as in a cash offer versus listing comparison, is how a family weighs the ways to sell.
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Frequently Asked Questions
Does a beneficiary named in a will automatically have authority to sell the property?
No. While the estate is in probate, authority to sell belongs to the personal representative, the executor or administrator, once letters issue. A beneficiary named in the will receives the property or its proceeds when the estate is distributed, and until then does not control a sale.
What happens when heirs disagree about selling inherited property in California?
When co-owners cannot agree, California law lets a co-owner bring a partition action in superior court asking for a division or a sale. That is a lawsuit, and a dispute among heirs is handled by an attorney who litigates trust and probate cases.
Does a transfer on death deed avoid probate in California?
Generally, yes, for the property it covers. Under Probate Code section 5652, the deed passes the owner's interest to the surviving beneficiary at death. The beneficiary then records an affidavit of death with a certified death certificate so the sale can close.
Can a trustee sell inherited property without the beneficiaries' consent?
A successor trustee's power to sell comes from the trust document, not from the beneficiaries' agreement, so whether consent is needed depends on what the trust says. The trustee owes duties to the beneficiaries, and a dispute over how a trustee is acting is a matter for a trust litigation attorney.
How is inherited property taxed when sold in California?
Income tax on a sale turns on basis, which under 26 U.S.C. § 1014(a) is generally the property's fair market value at the date of death, with the alternatives that statute allows. Whether a given sale produces a gain or loss is a question for a CPA, an enrolled agent or a tax attorney.
Does selling inherited property trigger property tax reassessment in California?
A transfer at death can trigger reassessment unless an exclusion applies, such as the parent-child exclusion in Rev. & Tax. Code section 63.2 described above. A sale to an outside buyer is itself a new transfer. The county assessor's office answers how the rules apply to a particular home.
