What to expect when you inherit a share of a home in Santa Clara, San Mateo or Alameda County
Maybe you’re one of several siblings. Maybe you live out of state, or you’re not the one in charge, and you’re getting information secondhand. This page explains your rights, what to expect, and how families get through the hard conversations about the house.
I’m a REALTOR®, not an attorney. This is general information, not legal or tax advice. If you have questions about your rights, please talk to a California probate or trust attorney.
If the house is going through probate
The personal representative (the executor or administrator) handles the sale. If they’re selling under full authority, the heirs and beneficiaries entitled to notice get a Notice of Proposed Action “not less than 15 days before” the date in the notice (California Probate Code §10586).
- You can object. A person entitled to notice can deliver a written objection to the personal representative at the address in the notice, before the date in the notice (Probate Code §10587).
- An objection sends it to court. If someone objects and the personal representative still wants to go ahead, they must do it under court supervision, and the person who objected gets notice of the hearing (Probate Code §10589).
Learn how the sale itself works in my Executors Guide.
If the house is in a trust
- The trustee “has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration” (Probate Code §16060).
- The trustee generally must account at least once a year, when the trust ends, and when the trustee changes, to beneficiaries who are currently entitled to receive distributions (Probate Code §16062).
- After a death, the trustee sends a written notice to beneficiaries and heirs within 60 days, which starts a 120-day window to contest the trust (Probate Code §§16061.7, 16061.8).
More in my Trustees Guide.
When the family doesn’t agree
Maybe there are siblings in different states with different money pressures. Maybe some heirs are attached to the home and others just want the estate settled. Maybe there’s old tension in the family, and the house has become the flashpoint for all of it. If any of that sounds familiar, you’re not alone. I’ve handled this many times.
If more than one person has a say in what happens to the house, I can get everyone on one video call and walk you all through the same information at the same time. Everyone hears the market numbers, the options, the realistic timelines and the trade-offs together. Nobody has to rely on secondhand information.
In my experience, most families can reach an agreement once everyone has the same facts. The conflict usually comes from different people working with different pieces of the picture.
One thing that helps, even before we talk: have each person write down, on their own, what they hope happens with the house: keep it, rent it, sell it, or not sure yet. Seeing everyone’s answers side by side often takes a lot of the heat out of the conversation.
Keep it, rent it, or sell it?
Keeping an inherited home can be a good choice. Some families rent it out, some move in, and some simply hold on to it for a while. Each path comes with its own questions: Who takes care of repairs? How are the costs and the rent split? What happens if one person wants out later?
If the estate is still in probate, two things are worth confirming before you plan to keep or rent the house: who has the authority to make decisions right now, and whether all the heirs agree. Your probate attorney can confirm both.
Know today’s value. The court’s inventory uses the value on the date of death, which can be very different from what the house would sell for today. Knowing today’s number helps everyone plan realistically. I’ll give you a free, no-obligation market review, and it’s an easy way to get the heirs and the attorney starting from the same numbers.
Ask about taxes early. Before your family sells, ask a CPA or estate attorney about the “stepped-up cost basis” and about property taxes if someone plans to keep the home. Those answers can change which option makes the most sense.
You don’t have to manage it all
I have a full team I trust: probate attorneys, appraisers, movers, clean-out crews, an estate sale specialist, contractors, painters, repair people, and my own escrow team. I coordinate every piece. Read about families I’ve helped, including three grown children who hadn’t seen each other in years and came together to clean out their father’s house.
Questions? Call or text me
Whether you’re the one in charge or one of several heirs trying to understand what’s happening, I’m glad to talk it through. No pressure and no obligation.
Helen K. Burke, REALTOR® | Seller Specialist
Intero Real Estate Services | DRE #01175866
Call or text 408-835-8967 | helen@helenkburke.com
Sources: California Probate Code §§10586, 10587, 10589, 16060, 16061.7, 16061.8, 16062. Laws change, so confirm the details for your situation with your attorney and CPA.