How Do I Sell My Mom's House After She Dies in California?
To sell your mother's California home after her death, you first need to determine how the property was held: in a living trust (fastest path, successor trustee can sell without court), in joint tenancy (may transfer automatically), or in her individual name (probate likely required). The path forward depends entirely on this initial determination.
If the property was in a living trust, you need to establish your authority as successor trustee. Locate the trust document, confirm you are named as successor trustee, obtain a Certification of Trust from an estate attorney, and open a trust bank account. You can then hire a real estate agent and list the property, the sale proceeds like a standard transaction. Timeline: 1-3 months from listing to close.
If the property was in her individual name with no trust, probate is likely required. File a petition with the Superior Court in the county where she lived, attend an initial hearing to be appointed as executor, receive Letters Testamentary, and then you can list and sell the property, subject to court confirmation requirements (unless IAEA authority is granted). Timeline: 6-18 months depending on court scheduling and whether IAEA applies.
Regardless of path, there are practical decisions to make about the property: Should you sell as-is or make repairs? California estate properties often sell faster and with less complexity as-is, buyers expect them and price accordingly. Should you list with an agent or sell to an investor? A listed property almost always achieves a higher price, but requires more preparation and a longer timeline.
The stepped-up basis is your most important tax consideration. Your mother's home, no matter what it cost her, has a new cost basis equal to its fair market value on the date she died. If you sell relatively soon after her death, your capital gains exposure is minimal. Get a professional appraisal close to the date of death to establish and document this basis.
Wolf Allies can connect you with a real estate agent experienced specifically in California estate and trust property sales. Our service is free and never affects your commission. Submit your information at wolfallies.com and a specialist in your city will call you within hours.
Wolf Allies connects trustees, executors, and families with agents experienced in California trust, probate, and estate property sales, at no cost to you.
Find My Specialist →