Category: Probate Made Easy

“Navigating Probate Challenges in San Bernardino County? As your Certified Probate Specialist, I offer expert guidance and support to help you navigate the complexities of probate with confidence. From legal intricacies to emotional considerations, trust me to guide you through these challenging times. Let’s work together to ensure a seamless and respectful resolution.
Contact me today for a free consultation. Your peace of mind is my top priority.
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Common Mistakes

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Common Mistakes

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Squatters

Squatter Rights in California

Squatter rights in California refer to the legal principle of adverse possession, which allows individuals to gain ownership of a property through continuous and uninterrupted occupation. In California, squatters must meet specific criteria to claim adverse possession and gain legal ownership of a property.
 

Criteria for Adverse Possession in California:

      1. Hostile Possession: The squatter must occupy the property without the true owner’s permission or consent.
      2. Actual Possession: The squatter must exercise control over the property by actively living in it and treating it as their own.
      3. Continuous Possession: The squatter must remain in possession of the property for a minimum of five years without interruption.
      4. Open and Notorious Possession: The squatter must occupy the property in an open and notorious manner, making it obvious to the public that they are the occupant.
      5. Payment of Taxes: The squatter must pay all taxes, fees, and bills associated with property maintenance for five consecutive years.
      6. Exclusive Possession: The squatter must live alone and not share the property with others.

How to Evict a Squatter in California:

      1. Cash-for-Keys: Offer the squatter a payment to leave the property.
      2. Rent-to-Own: Offer the squatter a rent-to-own agreement.
      3. Written Permission: Offer the squatter written permission to remain on the property.
      4. Eviction Notice: Serve the squatter with an eviction notice, which must be posted on the property and served personally.
      5. Unlawful Detainer Lawsuit: File an unlawful detainer lawsuit in court to have the squatter removed.

Consequences of Not Meeting the Criteria:

      • Failure to meet the criteria for adverse possession can result in the squatter being considered a trespasser.
      • The property owner can take legal action to remove the squatter and regain possession of the property.
      • The squatter may be liable for damages and costs incurred by the property owner.

Conclusion:

Squatter rights in California are complex and require a thorough understanding of the law. Property owners must be aware of the criteria for adverse possession and take steps to prevent squatters from claiming ownership of their property. If you are dealing with a squatter, it is essential to consult with a legal professional to ensure you are taking the appropriate steps to protect your property rights.

Certified Probate Specialist 

As a Certified Probate & Trust Specialist you can rest assured that as a Real estate professional, I have the understanding of the Probate transaction and can represent sellers or buyers in probate transactions, as well as investors looking to purchase probate properties. 

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Inherited House Preparation

WHAT’S IN THE GUIDE

✅ Checklist of tasks every executor should complete
✅ What to do with personal belongings, valuables, and family heirlooms
✅ How to prep the home for appraisal or sale
✅ Common mistakes that delay the probate process or cost the estate money
✅ Designed for out-of-state and first-time administrators

 

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Selling An Inherited Property

Selling an Inherited Property in California

Home sellers in California spent an average of 12 to 18 months selling their inherited property.

Analyzing the current California real estate market, the average time to sell a house in California is 72 days. Factors like house location, home size, condition, etc. can increase your home’s days on the market.

For an inherited house, the probate process is necessary to legally transfer the property. It typically takes up to 18 months but can be delayed by multiple heirs and disagreements.

TO SELL MY INHERITED HOUSE

How Long Does It Take to Sell?

It takes an average time of 12 to 18 months to sell an inherited property, depending on the probate process.

Taxes to Sell an Inherited Property:

You need to pay transfer tax, property tax, and capital gains tax to sell an inherited property.

Fastest Way to Sell:

Selling to a cash buyer is the fastest way to sell your inherited property as is.

Can I Sell an Inherited House in California?

Yes, you can sell your inherited house in California. Your property must undergo a probate process before you sell it.

What Is a Probate Process?

A probate is a legal validation of a deceased person’s will. Probate helps to distribute the property amongst its heirs and beneficiaries.

You need to submit the owner’s death certificate and proof of ownership during the probate process. After the completion of probate, you have to pay for several expenses such as outstanding mortgages, taxes on the property, and other bills.

An ‘Alienation Clause’ triggers when the ownership of a mortgaged property is transferred to an inheritor. So the inheritor has to pay off the full mortgage.

Almost every inherited property in California must undergo a probate process. This can take up to 18 months. This period varies state-wise and depends on the number of inheritors and state laws.

Properties Exempted from Undergoing Probate Process

Your property will exempt a probate under the following conditions:

California Transfer-On-Death Deed:

The owner can prepare a property deed to automatically transfer the property’s ownership. This deed prevents the property from going under the probate.

Receive a House in Trust in California:

As a legal heir, you can inherit a house directly without probate if the owner has placed the home in trust.

How to Sell an Inherited House in California?

Selling an inherited house is similar to selling any other property. The best option to sell your house for the most profit is either sell it through a real estate agent or sell it yourself.

Hire a Local Real Estate Agent

Real estate agents are well-versed in the market conditions. They market your property to buyers via MLS or other real estate networks to get you the most possible money for your property.

Moreover, agents can also advise you after you start receiving offers. Agents do charge a  5% to 6% service fee.

Sell For Sale By Owner (FSBO)

You can save on hefty commissions by listing your house for sale by owner. But when selling FSBO, you need to handle the paperwork and closing yourself.

You have full control over your transaction to engage with the buyer and buyer’s agent. Moreover, CA For Sale By Owner sites help you get listed faster, typically within 24 to 48 hours.

Taxes on Selling an Inherited Property in California

The Golden Gate State does not impose an inheritance tax or estate tax. However, you have to pay taxes while selling an inherited property in California.

    • Transfer Tax: Transfer tax is a one-time fee the inheritor pays to the local government at the time of transferring the ownership. California imposes 0.11% of the sale price of the property.
    • Property Tax: The average property tax in California is 0.71% of the total sale price of the property.
    • Capital Gains Tax: The IRS (Internal Revenue Service) authority levies the capital gains tax on a stepped-up basis. So, this tax would only apply to the property’s appreciation after it was inherited.

Capital Gains Exemptions: 

Know how you can exempt capital gains tax.

Selling a House in California with Multiple Inheritors

Multiple inheritors can be close family members like siblings, cousins, or anyone the deceased person chooses. So, selling a house in California with multiple inheritors is a real curve ball.

In such cases, the first step is to come to an agreement on selling or buying the property with the other inheritors. So, you can appoint a neutral party (non-beneficiary) as the head person for the sale.

The neutral party will ensure a transparent home sale process. They will ensure a fair distribution of proceeds amongst the inheritors.

What if All Inheritors Don’t Agree to Sell?

If all inheritors do not agree then the property cannot be sold. Chill! If majority of the inheritors are willing to sell the property they need to go through a probate court.

The inheritors can file a ‘partition action’ lawsuit in the probate court. In such cases, the court enforces the sale. As a result, the inheritors have to divide the proceeds among themselves as per the will.

Let’s Sell Your Inherited House

Selling your inherited house in California is a complex and time-consuming process. Your inherited home might remain in probate for up to 18 months. You also have to pay several taxes while selling your inherited home.

To get the best price for your property, we recommend you list your home with a  California Probate Specialist. This provides exposure to your property to buyers and real estate agents.

 
 
Certified Probate & Trust Specialist 

As a Certified Probate & Trust Specialist you can rest assured that as a Real estate professional, I have the understanding of the Probate transaction and can represent sellers or buyers in probate transactions, as well as investors looking to purchase probate properties. 

© 2028 All Rights Reserved.